PEOPLE OF MI V BRUCE DAVID BAKER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 2, 2001
Plaintiff-Appellee,
v
No. 221557
Kent Circuit Court
LC No. 99-001873-FH
BRUCE DAVID BAKER,
Defendant-Appellant.
Before: Collins, P.J., and Doctoroff and White, JJ.
MEMORANDUM.
Defendant was convicted by a jury of carrying a concealed weapon in an automobile,
MCL 750.227(2); MSA 28.424(2). He appeals as of right, and we affirm. This appeal is being
decided without oral argument pursuant to MCR 7.214(E).
On appeal, defendant argues that insufficient evidence was presented to support his
conviction, raising for the first time the specific argument that his conduct fell within the
“dwelling house” exception of MCL 750.227(2); MSA 28.424(2), because at the time of his
arrest he was homeless and between residences. Having reviewed the record, we find this
argument to be legally untenable and based on a misstatement of the factual record.
Michigan law requires that “the burden of establishing any exception, excuse, proviso or
exemption” under a state law relative to the use, licensing, and possession of pistols or firearms
“shall be upon the defendant but this does not shift the burden of proof for the violation.” MCL
776.20; MSA 28.1274(1); People v Henderson, 391 Mich 612, 615; 218 NW2d 2 (1974). Here,
defendant’s own testimony demonstrated that he did not have a valid license to carry the
weapons and that his truck was not his “dwelling house.” Accordingly, defendant did not meet
his burden of proving that his conduct fell within a statutory exception.
Affirmed.
/s/ Jeffrey G. Collins
/s/ Martin M. Doctoroff
/s/ Helene N. White
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