People v. Berry

I agree with Judge Brennan’s opinion except for the last paragraph. I agree that the double jeopardy provisions of both the Michigan and United States Constitutions prohibit separate convictions on both the felony-firearm and the underlying felony and I would set aside the two convictions for felony-firearm and the penalty imposed as a result thereof. See my dissenting opinion in People v Moore, 87 Mich App 475; 275 NW2d 19 (1978).