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PEOPLE v. DUPREE

Docket No. 281408.

771 N.W.2d 470 (2009)

283 Mich. App. 89

PEOPLE v. DUPREE.

Court of Appeals of Michigan.

Decided May 28, 2009, at 9:00 a.m.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Joseph A. Puleo, Assistant Prosecuting Attorney, for the people.

Ernst Law Firm, PLC (by Kevin Ernst), for the defendant.

Before: MURRAY, P.J., and GLEICHER and M.J. KELLY, JJ.

M.J. KELLY, J.

Defendant Roberto M. Dupree appeals by delayed leave granted his jury conviction of possessing or carrying a firearm while ineligible to do so as a result of a prior felony conviction (felon-in-possession), MCL 750.224f. The trial court sentenced Dupree as a fourth-offense habitual offender, MCL 769.12, to serve 48 months to 30 years in prison. On appeal, Dupree argues that the trial court improperly instructed the jury on his theory that he could not...

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