People v. McGore

Decision Date26 July 1979
Docket NumberNo. 62748,62748
Citation406 Mich. 1019,281 N.W.2d 133
PartiesPEOPLE of the State of Michigan, Plaintiff-Appellant, v. Darrel McGORE, Defendant-Appellee. 406 Mich. 1019, 281 N.W.2d 133
CourtMichigan Supreme Court
ORDER

On order of the Court, appellant's application for leave to appeal having been ordered held in abeyance pending decision in Wayne County Prosecutor v. Recorder's Court Judge and People v. Brintley, and said decision having been issued on June 25, 1979, 406 Mich. 374, 280 N.W.2d 793.

Now, therefore, the said application is hereby considered and the Court, pursuant to GCR 1963, 853.2(4), in lieu of leave to appeal, reverses that portion of the Court of Appeals judgment 88 Mich.App. 259, 277 N.W.2d 1, which set aside the defendant's felony-firearm conviction and reinstates his conviction and sentence for possession of a firearm in the commission of a felony.

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5 cases
  • People v. Burton
    • United States
    • Michigan Supreme Court
    • August 25, 1989
    ...included offenses. Id., p. 708, 257 N.W.2d 268. See also People v. Secreto, 81 Mich.App. 1, 3, 264 N.W.2d 99 (1978), lv. den. 406 Mich. 1019 (1979). 45 People v. Jenkins, n. 3 supra, 395 Mich. p. 443, 236 N.W.2d 46 The alternate theory offered by the prosecutor in order to establish crimina......
  • People v. Triplett
    • United States
    • Court of Appeal of Michigan — District of US
    • October 28, 1987
    ...People v. Green, 86 Mich.App. 142, 150, 272 N.W.2d 216 (1978); People v. Secreto, 81 Mich.App. 1, 3, 264 N.W.2d 99 (1978), lv. den. 406 Mich. 1019 (1979). However, in People v. Garrow, 99 Mich.App. 834, 839, 298 N.W.2d 627 (1980), this Court held that second-degree criminal sexual conduct w......
  • People v. Robinson
    • United States
    • Court of Appeal of Michigan — District of US
    • November 20, 1980
    ...lesser included offense of CSC I subsection (c). Defendant cites People v. Secreto, 81 Mich.App. 1, 264 N.W.2d 99 (1978), lv. den. 406 Mich. 1019 (1979), as one case in support of his argument. In Secreto, defendant was convicted of 2 counts CSC I: sexual penetration during the commission o......
  • People v. Snell
    • United States
    • Court of Appeal of Michigan — District of US
    • November 9, 1982
    ...v. Green, 86 Mich.App. 142, 150, 272 N.W.2d 216 (1978), and People v. Secreto, 81 Mich.App. 1, 3, 264 N.W.2d 99 (1978), lv. den. 406 Mich. 1019 (1979). But see, People v. Garrow, 99 Mich.App. 834, 839, 298 N.W.2d 627 (1980), where a panel of this Court concluded to the contrary. The Garrow ......
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