People v. Bennett

Defendant has been convicted of first-degree murder, MCL 750.316; MSA 28.548, and possession of a firearm in the commission of a felony, MCL 750.227b; MSA 28.424(2,) in a jury trial. In our previous unpublished per curiam decision, dated November 22, 1985, we remanded for a Robinson 1 hearing, agreeing with defendant’s argument that the prosecution had failed to demonstrate due diligence in producing one Willie Kyles, a res gestae witness. The facts, as summarized in our previous opinion, are as follows:

Defendant was charged with murdering Mark Horn on July 3, 1979, by lying in wait with…