Order Michigan Supreme Court
Lansing, Michigan
April 6, 2007 Clifford W. Taylor,
Chief Justice
132390 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132390
COA: 261837
Wayne CC: 04-010131-01
COUNT PIERRE WAGONER, a/k/a COUNT
BEY WAGONER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 12, 2006
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
KELLY, J., dissents and states as follows:
Defendant was convicted of being a felon in possession of a firearm, MCL
750.224f; and of possession of a firearm during the commission of a felony, MCL
750.227b, as a result of a single act of possessing a firearm. Because I believe that the
social norms underlying these statutes are similar, an inference may be drawn that the
Legislature intended not to provide multiple punishments for a single act that violated
both statutes. See People v Calloway, 469 Mich 448, 455 (2003) (Kelly, J., concurring in
result only). Accordingly, I would grant leave to appeal to reconsider Calloway.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 6, 2007 _________________________________________
t0403 Clerk