Opinion
No. 130197.
April 21, 2006.
Leave to Appeal Denied.
SC: 130197, COA: 254767.
I would deny defendant's application for leave to appeal. However, I would vacate the armed robbery conviction on double jeopardy grounds and remand the case to the trial court for correction of the judgment of sentence. Although defendant did not raise a double jeopardy argument, his codefendant Jackson did raise the issue and the Court of Appeals vacated Jackson's armed robbery conviction. People v. Jackson, unpublished opinion per curiam of the Court of Appeals, issued October 11, 2005 (Docket No. 254768); lv den 474 Mich 1094 (2006). In the interest of consistency and equal justice, the same result should apply for defendant.
CAVANAGH, J. I concur in the statement of Justice KELLY.