People v. Fountain

After Remand

On September 23, 1975, defendant was convicted of carrying a concealed weapon, MCLA 750.227; MSA 28.424, by the trial court sitting without a jury. He was sentenced to three to five years in prison.

On February 26, 1976, defendant was charged as an habitual criminal, MCLA 769.12; MSA 28.1084. He was jury convicted of the offense and sentenced to 15 to 30 years in prison.

Defendant appealed from both convictions. In an opinion issued on December 10, 1976, we remanded #27104, the CCW conviction and held #28788, the habitual offender case, in abeyance.

In the CCW case, police officers…