People v. Buschard

Defendant was convicted by a jury of carrying a weapon in a motor vehicle, MCL 750.227; MSA 28.424. He also pleaded guilty to being a second time felony offender, MCL 769.10; MSA 28.1082. He was sentenced to three to seven and a half years in prison and appeals as of right.

On May 30, 1979, police officers, responding to a tip, stopped a car in which defendant was a passenger and asked for defendant by name. All three occupants offered identification and exited from the car. Police said defendant, the only passenger in the back seat, had been sitting on a .357 magnum revolver.

Sam Stueland, the…