People v. Cook

The prosecution appeals the trial court’s order that granted defendant an evidentiary hearing pursuant to People v Pearson, 404 Mich 698, 715; 273 NW2d 856 (1979). Our Supreme Court remanded this case to us to consider the question whether Pearson remains good law in light of the 1986 amendment of MCL 767.40a. We hold that Pearson is no longer good law in light of the statute, and, thus, we reverse.

I

The trial court convicted defendant on two counts of assault with intent to commit murder and on one count each of possession of a firearm during the attempt or commission of a felony and…