PEOPLE v. HOUSTON

Docket No. 245889.

683 N.W.2d 192 (2004)

261 Mich.App. 463

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Duane Joshua HOUSTON, Defendant-Appellant.

Court of Appeals of Michigan.

Decided April 1, 2004, at 9:10 a.m.

Released for Publication June 24, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Arthur A. Busch, Prosecuting Attorney, Donald A. Kuebler, Chief, Research, Training, and Appeals, and Vikki Bayeh Haley, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Gail Rodwan), for the defendant on appeal.

Before: JANSEN, P.J., and MARKEY and GAGE, JJ.


MARKEY, J.

Defendant appeals by right his convictions and sentences, after a jury trial, of second-degree murder, MCL 750.317, and possession of a firearm during the commission of a felony, MCL 750.227b. Defendant argues that the trial court abused its discretion by admitting evidence that three days before the murder defendant possessed a weapon similar to one used in the homicide. He also contends that he must be resentenced because the trial court relied on inaccurately...

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