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People v. Ben Williams

Supreme Court of Michigan
Mar 29, 1996
451 Mich. 860 (Mich. 1996)

Opinion

No. 104101.

March 29, 1996.


Leave to Appeal Denied March 29, 1996:

Leave to cross appeal is also denied. Reported below: 212 Mich. App. 607.


I dissent from the portion of the order denying leave to appeal the reversal of defendant's conviction for possession of a firearm during the commission of a felony. MCL 750.227b; MSA 28.424(2).

I would grant leave to appeal. The Court of Appeals in a published opinion reversed the felony-firearm conviction on the basis that there was insufficient evidence to convict defendant of "possession" of a firearm during the commission of a felony. The Court of Appeals defined possession for purposes of the statute as ready accessibility and held that where the search of a home occupied by defendant produced eleven containers of cocaine (approximately 417 grams) and a loaded gun in a cabinet next to a closet containing cocaine, defendant could not be convicted of felony-firearm incident to possession or possession with intent to deliver cocaine, because he was not at the house at the time of the search.

The issue is whether possession of a firearm incident to a continuing offense such as possession of a controlled substance is to be determined by reference to the time of arrest or whether it is a question of fact whether a defendant possessed both the drugs and the firearm at any relevant time. See People v Williams (After Remand), 198 Mich. App. 537 (1993).

If the statute is interpreted as protecting only the situation where a defendant is present at the time of arrest, the Legislature's intent to discourage possession of a firearm during the commission of a felony is clearly implicated. The statute would appear to protect against the risk of injury from a firearm to anyone and at any time that a firearm is possessed while the felony is being committed. To read the statute more narrowly is to suggest that a defendant charged with murder could not also be charged with felony-firearm if he was absent from his home when the weapon was discovered. The anomaly is clear. The issue is important and recurring in criminal jurisprudence. I would grant leave to appeal.


I join in the dissent of Justice BOYLE.


I would grant the prosecutor's application for leave to appeal as cross-appellant.


I would grant the defendant-appellant's application for leave to appeal.


Summaries of

People v. Ben Williams

Supreme Court of Michigan
Mar 29, 1996
451 Mich. 860 (Mich. 1996)
Case details for

People v. Ben Williams

Case Details

Full title:PEOPLE v. BEN WILLIAMS

Court:Supreme Court of Michigan

Date published: Mar 29, 1996

Citations

451 Mich. 860 (Mich. 1996)

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