People v. Garrett

Defendant was convicted by a jury of armed robbery, MCL 750.529; MSA 28.797, and the possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). Defendant was sentenced to a term of from three to fifteen years imprisonment for the armed robbery conviction plus a two-year consecutive sentence for the felony-firearm conviction. Defendant now appeals his conviction as of right. He raises a number of issues, one of which merits reversal.

After the close of proofs but prior to final argu ments, defense counsel requested the court to instruct the jury on the…