People v. Walls

While I agree that defendant’s convictions in this case should be *647affirmed, I write separately because I respectfully disagree with the majority’s conclusion that felonious assault, MCL 750.82, is at all times and under all circumstances a cognate offense of assault with intent to rob while armed, MCL 750.89.

This Court has stated that felonious assault is a necessarily included lesser offense of assault with intent to rob while armed. People v Stubbs, 110 Mich App 287, 291; 312 NW2d 232 (1981).1 Felonious assault requires the defendant to be armed, while an unarmed defendant could be…