People v. Reed, 70343
| Decision Date | 24 January 1983 |
| Docket Number | No. 70343,70343 |
| Citation | 329 N.W.2d 758,417 Mich. 873 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Reginald REED, Defendant-Appellee. 417 Mich. 873, 329 N.W.2d 758 |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal, --- Mich.App. ---, 329 N.W.2d 758, is considered and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we VACATE the trial court order vacating defendant's felony-firearm conviction and we REMAND the case to the trial court. On remand the trial court shall review the evidence presented by the prosecutor at the remand hearing held on July 7, 1981, and determine if the prosecutor established that the defendant actually possessed a firearm during the commission of the felony. If the prosecutor did and there was no contrary evidence, the judgment of conviction shall be affirmed. If the prosecutor did not, the judgment of conviction of felony-firearm shall be set aside. If contrary evidence was produced, these matters shall be treated as a motion to withdraw the guilty plea and the Court shall decide these matters in the exercise of its discretion. Guilty Plea Cases, 395 Mich. 96, 235 N.W.2d 132 (1975).
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