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PEOPLE v. MANN

Docket No. 77-4699.

89 Mich. App. 511 (1979)

280 N.W.2d 577

PEOPLE v. MANN

Michigan Court of Appeals.

Decided April 16, 1979.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, James J. Gregart, Prosecuting Attorney, and Stephen M. Wheeler, Chief, Appellate Division, for the people.

James D. Hills, for defendant.

Before: D.E. HOLBROOK, JR., P.J., and R.B. BURNS and M.J. KELLY, JJ.

M.J. KELLY, J.

We agree with Judge BURNS' opinion and with the affirmance of the conviction for assault with intent to rob and steal being armed, but we are of the opinion that reversal of the felony-firearm conviction is mandated for the reasons stated in Judge KAUFMAN'S dissent in People v Drake Johnson, 85 Mich.App. 752; 272 N.W.2d 599 (1978).

D.E. HOLBROOK, JR., P.J.,...

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