People v. Brooks

Defendant pled no contest to 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). In exchange, the court agreed to sentence defendant within the sentencing guidelines. Defendant was sentenced to twenty to forty years imprisonment on the assault count, and the mandatory two-year term on the felony-firearm count. Defendant appeals as of right, challenging his sentence. We remand for resentencing.

The charges arose out of an incident which occurred on November 13, 1986. Defendant and the victim…