People v. Avant

Defendant Timothy Avant appeals as of right his jury trial convictions of felonious assault, MCL 750.82; MSA 28.277, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). The trial court sentenced defendant as an habitual offender, second offense, MCL 769.10; MSA 28.1082, to a term of one to six years’ imprisonment for the felonious assault conviction and to the mandatoiy consecutive term of two years’ imprisonment for the felony-firearm conviction. We affirm but remand for the correction of the judgment of sentence.

The prosecution’s theory of the case…