People v. Moore

The majority accepts the facts as set forth in our brother’s dissent. In view of the opinion of Judge Bashara expressed in People v McDowell, 85 Mich App .697; 272 NW2d 576 (1978), and that of Judge Brennan in People v Blount, 87 Mich App 501; 275 NW2d 21 (1978), we set aside the conviction for felony firearm. However, the defendant’s sentence as an augmentation of the penalty for the underlying felony is upheld.

Reversed in part; affirmed in part.

V. J. Brennan, J., concurred.