PEOPLE OF MI V JACQUELINE SYREETA WILLIAMS
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 29, 2007
Plaintiff-Appellee,
v
No. 269296
Oakland Circuit Court
LC No. 2005-202985-FH
JACQUELINE SYREETA WILLIAMS,
Defendant-Appellant.
Before: Servitto, P.J., and Sawyer and Murray, JJ.
PER CURIAM.
Following a jury trial, defendant was convicted of possession of marijuana, MCL
333.7403(2)(d), and possession of a firearm during the commission of a felony (felony-firearm),
MCL 750.227b. She was sentenced to 183 days’ imprisonment for the possession of marijuana
conviction, and 2 years’ imprisonment for the felony-firearm conviction. Defendant appeals as
of right. We affirm.
On appeal, defendant challenges the jury instruction on the felony-firearm charge.
Defendant did not object to the trial court’s instruction, and expressed satisfaction with the jury
instructions. If a party invites instructional error, by expressing satisfaction with a trial court’s
instructions, it constitutes a waiver that extinguishes any error regarding the instructions. People
v Carter, 462 Mich 206, 215; 612 NW2d 144 (2000). Accordingly, there is no error to review in
this case. People v Matuszak, 263 Mich App 42, 57; 687 NW2d 342 (2004) (Where defense
counsel stated that he had no objections to the jury instructions after the jury was instructed, the
instructional issue was waived).
We note, however, that the trial court properly instructed the jury. Contrary to
defendant’s assertion, the trial court did instruct the jury that in order to find defendant guilty of
felony-firearm, it had to find that defendant committed a felony beyond a reasonable doubt. This
instruction mirrored CJI2d 11.34, which has been cited by both our Supreme Court and this
Court as setting out the elements of felony-firearm. People v Duncan, 462 Mich 47, 49 n 3, 58;
610 NW2d 551 (2000) (Corrigan, J. Dissenting); People v Simon, 189 Mich App 565, 569; 473
NW2d 785 (1991). Conviction of a felony is not an element of felony-firearm. MCL 750.227b.
And, the jury is not required to reach consistent verdicts with regard to a felony-firearm charge
and the accompanying felony. People v Lewis, 415 Mich 443, 451-452; 330 NW2d 16 (1982).
As is the case here, a jury may acquit the defendant of the underlying felony and convict the
defendant of felony-firearm. Id.
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Finally, defendant also argues that the trial court should have informed the jury of the
penalty for felony-firearm, to allow the jury to exercise its nullification power. Defendant had
no right to the instruction at issue. Jury nullification is a de facto power with regard to which the
jury is not instructed. People v Torres (On Remand), 222 Mich App 411, 420; 564 NW2d 149
(1997).
Affirmed.
/s/ David H. Sawyer
/s/ Christopher M. Murray
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