Opinion
No. 111670.
June 30, 1998
Summary Dispositions June 30, 1998:
In lieu of granting leave to appeal, the Court of Appeals opinion is modified in the following respect: the conviction of assault with intent to murder is reversed and the case is remanded to the Oakland Circuit Court for entry of a judgment of conviction on the lesser included offense of felonious assault and conviction of felony-firearm, and for resentencing. MCR 7.302(F)(1). If the prosecuting attorney believes the ends of justice would be better served, upon notice to the trial court before resentencing, the court is to vacate the judgment and order a new trial on the original charges. In all other respects leave to appeal is denied. The application for leave to cross appeal all issues save the hearsay question is denied. That part of the application for cross appeal on the hearsay issue is denied, because the Supreme Court is not persuaded that it should now be reviewed. Jurisdiction is not retained.
Reported below: ( On Rehearing After Remand) 228 Mich. App. 191.