P. v. Westcott CA3
A jury found defendant Joseph Daniel Westcott guilty of cultivating marijuana and being a felon in possession of ammunition. On appeal, he contends his sentence for being a felon in possession of ammunition was unauthorized because his prior Michigan conviction was for a misdemeanor and not a felony. He also contends the trial court erred when it instructed the jury that he was previously convicted of a felony, rather than instructing the jury that it was required to find whether he was previously convicted of a felony. We conclude the trial court erred in instructing the jury that defendant’s prior conviction was a felony; however, that error was harmless beyond a reasonable doubt because under Michigan law, defendant’s prior conviction was a felony. Accordingly, we affirm.
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