Opinion
No. 103399.
May 10, 1996.
Leave to Appeal Denied May 10, 1996:
The defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
Court of Appeals No. 176827.
I would grant leave to appeal to consider whether the defendant, consistent with the Double Jeopardy Clause, could be retried for first-degree murder with larceny from a person as a predicate felony after he was earlier tried and convicted of felony murder with armed robbery as the predicate felony and acquitted of armed robbery.
The felony-murder conviction was reversed, and the defendant was retried and convicted of felony murder with larceny from a person as the predicate felony.