Opinion
No. 113843 (40).
October 12, 1999.
On order of the Court, the application for leave to appeal from the December 18, 1998, decision of the Court of Appeals and the application for leave to appeal as cross-appellant are considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we MODIFY the judgment of the Court of Appeals and, if the trial court has already amended the judgment of sentence pursuant to the directive of the Court of Appeals, the judgment of sentence, to specify that defendant's conviction and single sentence are of one count of first-degree murder supported by two theories: premeditated murder and felony murder.People v Bigelow, 229 Mich. App. 218, 222; 581 N.W.2d 744 (1998). In all other respects, leave to appeal is DENIED.
Cavanagh and Kelly, JJ., would deny leave to appeal.
Court of Appeals No. 202466.