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PEOPLE v. WIMBUSH

Docket No. 78-2722.

94 Mich. App. 152 (1979)

288 N.W.2d 375

PEOPLE v. WIMBUSH

Michigan Court of Appeals.

Decided December 5, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Maura D. Corrigan, Assistant Prosecuting Attorney, for the people.

Hoffa, Chodak & Robiner, for defendant on appeal.

Before: J.H. GILLIS, P.J., and V.J. BRENNAN and MacKENZIE, JJ.

V.J. BRENNAN, J.

Defendant, Dennis Wimbush, pled guilty to charges of armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm in the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant appeals of right the felony-firearm conviction.

Two issues are presented on appeal: (1) whether the felony-firearm statute is constitutional, and (2) whether one not in actual possession of a firearm may aid and abet a person who violates the felony-firearm...

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