STACY M CARR V CONCEALED WEAPONS LICENSING BD OF MIDLAND CNTY
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STATE OF MICHIGAN
COURT OF APPEALS
STACY M. CARR, a/k/a STACY MAY CARR,
Appellant,
v
MIDLAND COUNTY CONCEALED WEAPONS
LICENSING BOARD,
Appellee.
FOR PUBLICATION
November 18, 2003
9:05 a.m.
No. 239606
Midland Circuit Court
LC No. 01-004079-AL
Updated Copy
January 30, 2004
Before: Donofrio, P.J., and Sawyer and O'Connell, JJ.
O'CONNELL, J. (dissenting)
I respectfully dissent. Appellant was "convicted" of a drug crime when the trial court
accepted her guilty plea. MCL 28.425b(17)(a).1 Therefore, MCL 28.425b(7)(f) does not allow
her to receive a concealed pistol license.
The majority acknowledges this fact, but holds that the trial court somehow dismissed its
acceptance of her guilty plea.2 MCL 333.7411. Because the law requires me to read and apply
the law according to its straightforward meaning, I must conclude that dismissing the postponed
proceedings only affected the trial court's future actions, not actions already taken. Appellant
still pleaded guilty under § 7411 and the trial court did in fact accept the plea. Nothing else is
required under the statute. Appellant cannot undo the trial court's acceptance of her guilty plea
any more than she can unring a bell.3 Lawmakers clearly wanted to keep concealed pistols out of
1
The Legislature recently rearranged the statute, so the relevant definition is now found in MCL
28.425b(17)(a) rather than MCL 28.425b(16)(a). The substance of the definition remains the
same and states, "'Convicted' means . . . a plea of guilty or nolo contendere if accepted by the
court . . . ."
2
If this were true, appellant would not have received § 7411 status.
3
Because the concealed pistol licensing act (CPLA), MCL 28.421 et seq., uniquely defines
"convicted" to include a plea of guilty that is accepted by a court, the majority's nullity and
acceptance revocation theories are similar to unringing a bell once it has been rung. The CPLA
does not provide for such legal fictions or any similar exceptions.
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the hands of hardcore drug abusers and other felons when they designed the licensing laws.4 I
would affirm the decision of the trial court.
/s/ Peter D. O'Connell
4
The Midland County Concealed Weapons Licensing Board's discovery of appellant's § 7411
plea and its acceptance is not an issue raised in appellant's brief or at oral arguments. It appears
for the first time in the majority opinion.
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