People v. Burgess

In this case, the Court of Appeals has reversed a felony conviction, but has left undisturbed an accompanying conviction of possession of a firearm during the commission of the felony. We believe that this was error, and we reverse the defendant’s felony-firearm conviction.

I

The information in this case listed three counts of criminal conduct. Count I alleged that the defendant had committed an assault while armed with a dangerous weapon (felonious assault). MCL 750.82; MSA 28.277. Count II alleged that the defendant had possessed a firearm "while in the commission or attempt to commit said…