People v. Foy

On April 7, 1980, defendant was convicted of second-degree murder, MCL 750.317; MSA 28.549, and felony-firearm, MCL 750.227b; MSA 28.424(2), and was subsequently sentenced to a term of from ten years to life on the murder conviction to be served consecutively to a prison term, of five years on the felony-firearm conviction. He appealed as of right. On July 31, 1981, this Court affirmed his convictions on both charges but sua sponte remanded the case for resentencing, holding that:

"While defendant’s convictions of second-degree murder and felony-firearm were proper and are affirmed, the lower…