People v. Hunt

AFTER REMAND

Before: Mackenzie, P.J., and Fitzgerald and J. P. O’Brien, * JJ. Per Curiam.

The prosecution appeals as of right from an opinion and order, entered on remand from this Court, vacating on the ground of double jeopardy defendant’s conviction of breaking and entering an occupied dwelling, MCL 750.110; MSA 28.305. Alternatively, the court ordered a new trial on grounds of evidentiary error, instructional error, and ineffective assistance of counsel. We agree that the conviction must be vacated as violative of the Double Jeopardy Clause of the Michi gan Constitution, Const 1963, art 1,…