People v. Foster

Defendant appeals as of right from a jury trial in which defendant was convicted of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, *313and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2), contending that prosecutorial misconduct shifted the burden of proof, thus denying defendant a fair trial. Defendant also appeals his sentences of two to ten years and two years, respectively. We reverse.

Defendant’s convictions arise from a shooting incident which occurred on May 29, 1986, in a residential Detroit neighborhood. There…