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PEOPLE v. BURTON

Docket No. 77-4463.

87 Mich. App. 598 (1978)

274 N.W.2d 849

PEOPLE v. BURTON

Michigan Court of Appeals.

Decided December 8, 1978.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Robert C. Zeller, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Thomas C. Nelson, Assistant Attorney General, of counsel), for the people.

Gibbons & Nye, for defendant on appeal.

Before: V.J. BRENNAN, P.J., and ALLEN and P.F. O'CONNELL, JJ.

PER CURIAM.

Once again this Court is asked to determine whether Michigan's felony-firearm statute MCL 750.227(b); MSA 28.424(2) is violative of the constitutional protection against double jeopardy. On this issue, prior panels of this Court have divided almost evenly.1 This panel holds the statute constitutional.

In a three-count information, defendant was charged with (I) assault with intent to do great bodily harm less than murder...

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