Opinion
No. 109023.
July 23, 1997
Summary Disposition July 23, 1997:
In lieu of granting leave to appeal, that part of the Court of Appeals judgment reversing the defendant's convictions of second-degree murder and felony-firearm is reversed. MCR 7.302(F)(1). The Court of Appeals erred by holding that the trial court's refusal to give an instruction on the lesser offense of accessory after the fact was not harmless error. The fact that the jury returned a verdict finding the defendant guilty of both second-degree murder and felony-firearm establishes that the jury rejected the defendant's theory that he was not the shooter and merely assisted the shooter after the murder. Consequently, the failure to instruct the jury on accessory after the fact constituted harmless error. The case is remanded to the Recorder's Court for disposition in accord with the Court of Appeals judgment as modified by this order.
Court of Appeals No. 197802.
I would grant or deny leave to appeal and dissent from the Court's peremptory disposition.