People v. Mitchell

Defendant was charged with receiving or concealing stolen firearms or ammunition1 and possession of a firearm during the commission of a felony (felony-firearm).2 Defendant brought a motion to dismiss the felony-firearm charge on double jeopardy grounds. The trial court granted the motion, holding that it would violate the Double Jeopardy Clause if he were prosecuted under both statutes. Trial was stayed while the prosecutor appealed. The Court of Appeals issued an opinion affirming the trial court’s ruling.3 We reverse and remand.

The sole question before us is whether it is a violation of…