People v. Burgenmeyer

The defendant stands convicted of drug charges and of possessing a firearm during the commission of a felony. The Court of Appeals affirmed his conviction, which we likewise affirm today. However, we write to clarify the analysis to be employed in similar felony-firearm prosecutions.

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In August 1990, defendant Albert L. Burgenmeyer was sharing a house with a man named Allen L. Foster, whom he had met when Mr. Foster began dating the defendant’s sister. The defendant operated a tow-truck service, and Mr. Foster worked for him. Mr. Foster also sold cocaine from the home.

Raiding the home in…