PEOPLE OF MI V JEMMON W ROBINSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 197889
Recorder’s Court
LC No. 96-000496
JEMMON W. ROBINSON,
Defendant-Appellant.
Before: Gage, P.J., and Murphy and Reilly, JJ.
MEMORANDUM.
In a bench trial, defendant was convicted of assault with intent to rob while armed, MCL
750.89; MSA 28.284, assault with intent to murder, MCL 750.83; MSA 28.278, and felony firearm,
MCL 750.227b; MSA 28.424(2). Contemporaneously, defendant pled guilty in another case to armed
robbery, MCL 750.529; MSA 28.797, and felony firearm. Defendant had no prior felony convictions.
This case is being decided without oral argument pursuant to MCR 7.214(E).
The judgment of sentence reflects a four year determinate sentence for the felony firearm charge
in the present case. Defendant contends, and the prosecutor concedes, that this sentence is statutorily
unauthorized and therefore erroneous. As defendant did not have a prior conviction of felony firearm
before committing his second felony firearm offense, he could be sentenced only to a two year term for
felony firearm. People v Sawyer, 410 Mich 531; 302 NW2d 534 (1981); People v Stewart, 441
Mich 89, 94-95; 490 NW2d 327 (1992). Accordingly, defendant’s four year sentence for felony
firearm is vacated and the cause is remanded to the Wayne County Circuit Court, Criminal Division,
with instructions to enter a corrected judgment of sentence of two years on that charge. Defendant’s
other sentences are unaffected by this decision.
Vacated in part and remanded for further proceedings consistent with this opinion. We do not
retain jurisdiction.
/s/ Hilda R. Gage
/s/ William B. Murphy
/s/ Maureen Pulte Reilly
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