PEOPLE OF MI V THOMAS CUNNINGHAM III
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 15, 2003
Plaintiff-Appellee,
v
No. 239839
Wayne Circuit Court
LC No. 01-006593-01
THOMAS CUNNINGHAM, III,
Defendant-Appellant.
Before: Jansen, P.J., and Kelly and Fort Hood, JJ.
MEMORANDUM.
Defendant was convicted, following a bench trial, of carrying a concealed weapon, MCL
750.227, felon in possession of a firearm, MCL 750.224f, and possession of a firearm during the
commission of a felony, MCL 750.227b. He was sentenced to three years’ probation for the
concealed weapon conviction, two years’ probation for the felon in possession conviction, and
the mandatory two-year prison term for felony-firearm. Defendant appeals as of right, and we
affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant’s sole claim on appeal is that his convictions of both felon in possession of a
firearm and felony-firearm violate the constitutional prohibition against double jeopardy. This
Court considered and rejected the same argument in People v Dillard, 246 Mich App 163, 167171; 631 NW2d 755 (2001), which decision is binding precedent. MCR 7.215(I)(1).
Affirmed.
/s/ Kathleen Jansen
/s/ Kirsten Frank Kelly
/s/ Karen M. Fort Hood
-1-
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