ARGUMENT
I. The trial court’s decision to count appellant’s previously expunged felony firearm offense runs counter to the plain language of SACA
II. This court’s previous decision in Koert is applicable in this case because Appellant’s 1997 felony firearm conviction was expunged under MCL 780.621g and should no longer be considered a conviction for expungement purposes
A. The Koert decision requires this court to harmonize MCL 780.621(1)(a) with MCL 780.622(1) in order to “effectuate legislative intent.”
B. If the legislature intended to carve out an exception under MCL 780.622 that would have allowed for previously expunged convictions to be considered for eligibility purposes, it would have done so.
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