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No. 128376
| The People of the |
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Jon P. Wojtala |
State of Michigan, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Strong, C.) |
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| Darryl Peals, |
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Robert S. Tomak |
Defendant-Appellant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
During a traffic stop, the police found a handgun in Darryl Peals' possession. The gun was broken and missing parts. Peals told the police that he found the gun in a vacant lot and that it did not work; he said he intended to sell it for scrap. Peals, a felon, went to trial on two charges: felon in possession of a firearm (MCL 750.224f) and felony-firearm (MCL 750.227b). At trial, the jury heard the testimony of a firearms expert, who explained that the handgun was not operable, but that it could be made to fire one shot if certain parts were replaced. The jury convicted Peals of both charges. Peals appealed to the Court of Appeals, but that court affirmed in an unpublished opinion, holding that neither charge required the prosecutor to prove that the firearm was currently operable. The defendant appeals.
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