People v. Pierce

Defendant pled guilty on March 24, 1981, to assault with intent to commit robbery while armed, MCL 750.89; MSA 28.284, and to felony-firearm, MCL 750.227b; MSA 28.424(2), and was sentenced to serve consecutive sentences of 6 to 20 years and 2 years imprisonment. Defendant appeals as of right.

On appeal, defendant contends that because the weapon he used in the assault was incapable of firing due to a broken spring on the firing pin, he is not guilty of felony-firearm. This issue has been decided in People v Jackson, 108 Mich App 346; 310 NW2d 238 (1981); People v Berberich, 105 Mich App 421;…