People v. Mitchell

Defendant was charged with receiving or concealing a stolen firearm, MCL 750.535b; MSA 28.803(2). That offense also served as the predicate felony for a charge of possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Following a hearing, the trial court dismissed the felony-firearm charge on double jeopardy grounds. The people appeal by leave granted. We affirm.

The United States and the Michigan Constitutions protect a person from being twice placed in jeopardy for the “same offense.” US Const, Am V; Const 1963, art 1, § 15. The Double Jeopardy Clause…