Verdict, Inconsistent

Criminal Law Update

People v Powell, 303 Mich App 271; 842 NW2d 538 (2013)(nov’13). Defendant was convicted of felony firearm (MCL 750.227b) in relation to an underlying possession with intent to deliver marijuana charge. Defendant argued that the felony firearm statute was unconstitutional as applied to him because the jury acquitted him of the underlying possession with intent to deliver charge. The court of appeals found that because the instructions were proper, and since a jury may reach different conclusions on an identical element in two different offenses, the inconsistent verdicts could stand. However, the appellate court upheld the grant of a new trial because the trial court abused its discretion in denying admission of evidence that Defendant had a Concealed Pistol License (CPL).