PEOPLE OF MI V BRIAN K BOMAR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 23, 2002
Plaintiff-Appellee,
v
No. 230519
Wayne Circuit Court
LC No. 00-002793
BRIAN K. BOMAR,
Defendant-Appellant.
Before: Holbrook, Jr., P.J., and Jansen and Wilder, JJ.
MEMORANDUM.
Following a jury trial, defendant was acquitted of first-degree murder, MCL 750.316, and
convicted of possession of a firearm during the commission of a felony, MCL 750.227b. The
trial court sentenced defendant to the mandatory term of two years’ imprisonment for the felonyfirearm conviction. Defendant appeals as of right. We affirm.
Defendant’s sole issue on appeal challenges the validity of our Supreme Court’s ruling in
People v Lewis, 415 Mich 443; 330 NW2d 16 (1982), arguing that it was wrongly decided and
should be overruled. Defendant’s challenge is to the Court’s holding in Lewis, supra at 454, that
a defendant need not be convicted of the underlying felony in order for the conviction and
sentence of the felony-firearm charge to stand. Consequently, defendant’s conviction for felonyfirearm, even where he was acquitted of the underlying felony, must stand.
Obviously, this Court does not have the authority to overrule decisions of our Supreme
Court and we are bound to apply Lewis to this case. Boyd v W G Wade Shows, 443 Mich 515,
523; 505 NW2d 544 (1993). Defendant acknowledges as such and wishes to preserve this issue
for a challenge in the Supreme Court, a recourse which defendant may seek.
Affirmed.
/s/ Donald E. Holbrook, Jr.
/s/ Kathleen Jansen
/s/ Kurtis T. Wilder
-1-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
