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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JOHNNIE P. HOWARD, Defendant-Appellant.

UNPUBLISHED January 11, 2000

No. 213982 Muskegon Circuit Court LC No. 96-139323 FH

Before: Saad, P.J., and McDonald and Gage, JJ. MEMORANDUM. Defendant appeals as of right from his conviction of probation violation following his plea-based conviction of carrying a concealed weapon (CCW), MCL 750.227; MSA 28.424. We affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E). Defendant pleaded nolo contendere to one count of CCW, and was sentenced to three years' probation. The terms of defendant's probation precluded him from possessing firearms, and subjected his residence to warrantless searches. One such search revealed the presence of firearms. Defendant was charged with violation of probation and, in a separate file, with being a felon in possession of a weapon, MCL 750.224f; MSA 28.421(6). The trial court found defendant guilty of violating the terms of his probation, and sentenced him to one and one-half to five years in prison, with credit for three days. Subsequently, defendant pleaded guilty to the charge of felon in possession of a weapon. Defendant argues that because the Michigan Constitution guarantees individuals the right to keep and bear arms, Const 1963, art 1,

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