Preview:

STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, V CORDELL JAMAL FIELDS, Defendant-Appellant.

UNPUBLISHED November 23, 2010

No. 293973 Wayne Circuit Court LC No. 09-008408-FH

Before: OWENS, P.J., and WHITBECK and FORT HOOD, JJ. PER CURIAM. Defendant was convicted, following a jury trial, of felon in possession of a firearm, MCL 750.224f, and possession of a firearm during the commission of a felony (felony-firearm), MCL 750.227b. He was sentenced to nine to 60 months' imprisonment for the felon in possession conviction and two years' imprisonment for the felony-firearm conviction. We affirm defendant's convictions, affirm defendant's sentence for the felony-firearm conviction, but vacate defendant's sentence for felon in possession and remand for resentencing. Defendant first alleges that the trial court erred in denying his motion to suppress evidence. We disagree. The trial court's findings of fact on a motion to suppress are reviewed for clear error, but the trial court's ultimate decision on the motion is reviewed de novo. People v Williams, 472 Mich 308, 313; 696 NW2d 636 (2005). "A finding is clearly erroneous when, although there is evidence to support it, the reviewing court is left with a definite and firm conviction that a mistake has been made." People v Lanzo Constr Co, 272 Mich App 470, 473; 726 NW2d 746 (2006). Both the United States and Michigan Constitutions guarantee the right against unreasonable searches and seizures. US Const, Am IV; Const 1963, art 1,

Download PEOPLE OF MI V CORDELL JAMAL FIELDS.pdf

Michigan Law