People v. Wytcherly

Defendant was convicted after a jury trial in Muskegon Circuit Court of assault with intent to commit murder, MCL 750.83; MSA 28.278, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He subsequently pled guilty to being an habitual offender, fourth offense, MCL 769.12; MSA 28.1084. Defendant was sentenced to 50 to 250 years imprisonment for the assault conviction, to be served consecutive to the mandatory two-year sentence for the felony-firearm conviction. He appeals as of right from his conviction and sentence. We reverse and remand for a new trial.