People v. Fortson

Defendant, who had originally been charged with open murder, MCL 750.316; MSA 28.548, was convicted by a jury of voluntary manslaughter, MCL 750.321; MSA 28.553, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to consecutive prison terms of ten to fifteen years and two years, respectively, and appeals as of right. We affirm in part, vacate in part, and remand for resentencing before a different judge.

Defendant first argues that the trial court erred in allowing the prosecutor to amend the information to add the felony-firearm count…