People v. Whetstone

Defendant was convicted by a jury of first-degree felony murder, MCL 750.316; MSA 28.548, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). She was sentenced to consecutive statutorily mandated prison sentences of two years and life for the felony-firearm and murder convictions, respectively.

In an authored opinion released September 21, 1982,1 this Court, in a 2-1 decision, reversed defendant’s conviction for first-degree felony murder and remanded for resentencing on second-degree murder. Such was found to be required because: (1) the underlying…