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PEOPLE v. GILLIS

Docket No. 127194. Calendar No. 1.

712 N.W.2d 419 (2006)

474 Mich. 105

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. John Albert GILLIS, Defendant-Appellee.

Supreme Court of Michigan.

Decided April 5, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael D. Wendling, Prosecuting Attorney, and Timothy K. Morris, Assistant Prosecuting Attorney, Port Huron, for the people.

Karlstrom, Cooney, L.L.P. (by Timothy P. Flynn and Brian T. Dailey), Clarkston, for the defendant.

Stuart J. Dunnings, III, President, Jeffrey R. Fink, Prosecuting Attorney, and Judith B. Ketchum, Assistant Prosecuting Attorney, Kalamazoo, for Prosecuting Attorneys Association of Michigan, amicus curiae.

Jacqueline J. McCann, Assistant Defender, Detroit, for State Appellate Defender Office, amicus curiae.

John R. Minock, Ann Arbor, for Criminal Defense Attorneys of Michigan, amicus curiae.

MARKMAN, J.

We granted leave to appeal to consider whether our state's first-degree murder statute permits a felony-murder conviction "in the perpetration of" a first—or second-degree home invasion in which the homicide occurs several miles away from the dwelling and several minutes after defendant departed from the dwelling.

Following a jury trial, defendant was convicted of two counts of first-degree felony murder, MCL 750.316(1)(b), with home invasion...

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