People v. Blount

While I agree with the majority’s position on the first issue and their determination that conviction on the felony-firearm charge violates principles of double jeopardy,1 I cannot concur in their resolution of this problem.

MCL 750.227b; MSA 28.424(2) reads in pertinent part as follows:

"(1) A person who carries or has in his possession a firearm at the time he commits or attempts to commit a felony, except for violation of section 227 or section 227a, is guilty of a felony, and shall be imprisoned for 2 years. Upon a second conviction under this section, the person shall be imprisoned for 5…