Opinion
No. 111956.
August 7, 1998
Summary Disposition August 7, 1998:
In lieu of granting leave to appeal, the Court of Appeals judgment is reversed, and the judgment of the Jackson Circuit Court is reinstated. Because the uncontested facts adduced at trial established that the firing of the weapon by the defendant was intentional, the circuit court properly refused a requested instruction on the lesser offense of careless, reckless, and negligent discharge of a firearm causing death because defendant's conduct did not fall within the scope of the conduct prohibited by the statute. MCL 752.861; MSA 28.436(21). The defendant's application for leave to appeal as cross-appellant is denied. MCR 7.302(F)(1).
Reported below: 229 Mich. App. 151.
This case is hardly one meriting peremptory disposition. As noted by the unanimous Court of Appeals panel, "This statute has not been interpreted in the circumstance where a defendant intentionally discharges his weapon, but has no known or intended victim. Thus, we are presented with an issue of first impression." 229 Mich. App. 151, 159 (1998). I agree and, accordingly, would grant or deny leave to appeal.
I join in the statement of Justice CAVANAGH.