People v. Dillon

I dissent for the reasons cited in Judge Kaufman’s dissent in People v Drake Johnson, 85 Mich App 752; 272 NW2d 599 (1978), and in People v Mitchell, 85 Mich App 757; 272 NW2d 601 (1978).

I believe two convictions on identical proofs through the use of separate counts violates the prohibition against double jeopardy in the Michigan and Federal Constitutions. I would find defendant’s guilty plea involuntary, set it aside and remand for trial on the armed robbery charge only.