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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v RICKY LEE BALDWIN, Defendant-Appellant.

UNPUBLISHED December 1, 2009

No. 284892 Jackson Circuit Court LC No. 07-003910-FC

Before: Meter, P.J., and Murphy, C.J., and Zahra, J. PER CURIAM. Defendant appeals as of right his jury trial convictions of assault with intent to commit murder, MCL 750.83, and possession of a firearm during the commission of a felony, MCL 750.227b. He also appeals his conditional guilty plea to felon in possession of a firearm, MCL 750.224f. Defendant was sentenced as an habitual offender, second offense, MCL 769.10, to 23 to 50 years' imprisonment for the conviction on assault with intent to commit murder, 2 years' imprisonment for the felony-firearm conviction, and 5 to 7 years' imprisonment for the felon in possession conviction. We affirm. We shall begin by addressing defendant's guilty plea to felon in possession, which plea was entered on a conditional basis pursuant to MCR 6.301(C)(2). Defendant had argued to the trial court that the felon-in-possession statute and charge violated the Second Amendment of the United States Constitution under District of Columbia v Heller, __ US __; 128 S Ct 2783; 171 L Ed 2d 637 (2008). The trial court rejected the argument and would not dismiss the charge, and defendant then entered the conditional plea in an effort to preserve the constitutional challenge on appeal. Defense counsel indicated his belief that entry of the conditional plea under MCR 6.301(C)(2) not only preserved the constitutional challenge, but also provided defendant the right to argue the issue to this Court on an appeal as of right, without the need to file an application for leave. The trial court proceeded under that same belief, and the prosecutor agreed to the entry of the conditional plea. On appeal, defendant argues that the felon-in-possession statute violates the Second Amendment under Heller and violates the Michigan Constitution's right to bear arms, which provides that "[e]very person has a right to keep and bear arms for the defense of himself and the state," Const 1963, art 1,

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