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PEOPLE v. COMELLA

Docket No. 301458.

823 N.W.2d 138 (2012)

296 Mich. App. 643

PEOPLE v. COMELLA.

Court of Appeals of Michigan.

Decided May 24, 2012, at 9:00 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, William A. Forsyth , Prosecuting Attorney, Timothy K. McMorrow , Chief Appellate Attorney, and Kimberly M. Manns , Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jacqueline J. McCann and Kathy Hoffman Murphy ) for defendant.

Before: SAWYER, P.J., and O'CONNELL and RONAYNE KRAUSE, JJ.

SAWYER, P.J.

The central issue in this case is whether, under the felony-murder statute,1 when the predicate felony is abuse of a vulnerable adult, the prosecution must prove that a defendant committed both first- and second-degree vulnerable-adult abuse.2 We hold that the prosecution must only show either offense, not both.

Defendant's wife, Ella, died on October 11, 2009. On a number of occasions...

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