People v. Lewis

In these cases, consolidated for argument on appeal, the defendants were charged with committing a felony1 and with possession of a firearm during the commission of a felony.2 In Lewis and Johnson, the jury acquitted the defendants of the underlying felony (and, in Johnson, of lesser offenses) and convicted them of felony-firearm.

The defendants seek to have their convictions of felony-firearm set aside because of the inconsistency in the verdicts, asserting that since the juries acquitted them of the underlying felonies in each case, they necessarily found that an element of the offense of…