PEOPLE OF MI V EDDIE JONES III
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 5, 2002
Plaintiff-Appellee,
v
No. 226737
Wayne Circuit Court
LC No. 99-006943
EDDIE JONES, III,
Defendant-Appellant.
Before: Sawyer, P.J., and O’Connell and Zahra, JJ.
PER CURIAM.
Following a jury trial, defendant was convicted of first-degree premeditated murder,
MCL 750.316, first-degree felony murder, MCL 750.316, assault with intent to commit murder,
MCL 750.83, and possession of a firearm during the commission of a felony, MCL 750.227b.
He was sentenced to concurrent terms of life without parole for the two murder convictions and
twenty-three years, nine months to thirty-six years for the assault conviction, to be served
consecutively to the mandatory two-year term for felony-firearm. Defendant appeals as of right.
We affirm but remand for amendment of the judgment of sentence.
Defendant’s sole claim on appeal is that his two convictions of and sentences for firstdegree premeditated murder and first-degree felony murder arising out of the death of a single
person violates the constitutional prohibition against double jeopardy. We agree, as does the
prosecutor. The proper remedy in such a case “is to modify the judgment of conviction and
sentence to specify that defendant’s conviction is for one count and one sentence of first-degree
murder supported by two theories: premeditated murder and felony murder.” People v Adams,
245 Mich App 226, 241-242; 627 NW2d 623 (2001).
Affirmed but remanded for amendment of the judgment of sentence. We do not retain
jurisdiction.
/s/ David H. Sawyer
/s/ Peter D. O’Connell
/s/ Brian K. Zahra
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