People v. Willis

Defendant was charged with armed robbery, MCL 750.529; MSA 28.797, and with possession of a firearm in the commission of a felony, MCL 750.227b; MSA 28.424(2). A jury found defendant guilty as charged. He appeals by right.

Defendant first argues that the trial court erred in instructing the jury that an aider and abettor to a felony-firearm offense need not possess or aid in the possession of the firearm to be found guilty of the offense. We agree. In People v Johnson, 411 Mich 50; 303 NW2d 442 (1981), the Michigan Supreme Court stated:

"To convict one of aiding and abetting the commission of a…