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No. 126727
| The People of the State of Michigan |
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Frank J. Bernacki |
Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Jones, V.) |
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| David Michael Perkins, |
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Dawn A. Van Hoek |
Defendant-Appellant. |
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Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Background
On October 16, 2001, defendant David Perkins allegedly fired a weapon at Stanley Law. Perkins was charged with assault with a dangerous weapon and possessing a firearm during the commission of a felony. Because Perkins had previously been convicted of larceny from a person, he was also charged with being a felon in possession of a firearm, under MCL 750.224f. That statute states that a person convicted of a "specified felony" cannot use or possess a firearm until five years after that person has paid all fines, served all terms of imprisonment, and completed all terms of probation or parole imposed for the offense. The statute also states that, after the five-year period has passed, the convicted person is still prohibited from using or possessing a firearm until his rights have been formally "restored." After a bench trial, the trial court acquitted Perkins of the assault charge, but convicted him of being a felon in possession of a firearm, and of possessing a firearm in the commission of that felony. Perkins appealed to the Court of Appeals, which affirmed the trial court's ruling. Concerning the felon-in-possession conviction, the appellate court held that larceny from a person is a "specified felony" under MCL 750.224f(6)(i). The appellate court also held that the prosecutor need not prove that a defendant's right to possess a firearm has not been restored unless the defendant first produces evidence that his right to possess a firearm has been restored. Perkins appeals.
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