People v. Hernandez-Garcia

Defendant was convicted by a jury of unlawfully carrying a concealed weapon (CCW), MCL 750.227(2), and was sentenced to five months in jail. He appeals by right. We affirm.

On appeal, defendant asserts that the trial court erred in refusing to follow this Court’s decision in People v Coffey, 153 Mich App 311; 395 NW2d 250 (1986), and instruct the jury that “momentary or brief possession of a weapon, even concealed, resulting from the disarming of a wrongful possessor is a valid defense if the defendant had the intention of delivering the weapon to the police at the earliest possible time.”…