THE DOUBLE JEOPARDY PROVISION OF THE FIFTH AMENDMENT PROHIBITS MULTIPLE PUNISHMENT FOR THE SAME OFFENSE AS WELL AS MULTIPLE PROSECUTION FOR THE SAME OFFENSE. IN BLOCKBURGER V. UNITED STATES, U.S. SUPREME COURT RULED THAT MULTIPLE PUNISHMENT IS INVOLVED WHERE A GREATER AND LESSER OFFENSE ARE BOTH PROVEN WITH THE SAME EVIDENCE. IN RECENT CASES DECIDED BY THE MICHIGAN SUPREME COURT, THE BLOCKBURGER CASE WAS NOT THE CRITERION FOR DETERMINING THE EXISTENCE OF MULTIPLE PUNISHMENT. WITHOUT ANY INDICATION OF WHICH DOUBLE JEOPARDY PROVISION WAS BEING APPLIED, THE COURT, IN PEOPLE V. MARTIN AND PEOPLE V. STEWART APPLED AN 'ACTUAL EVIDENCE TEST' TO STRIKE DOWN CONVICTIONS THAT WOULD BE UPHELD UNDER THE BLOCKBURGER TEST. THE RECENT FELONY-FIREARM STATUTE PASSED BY THE MICHIGAN LEGISLATURE PROVIDES A VEHICLE THROUGH WHICH TO CLARIFY THE STATUS OF THE BLOCKBURGER TEST IN MICHIGAN. THE LAW, WHICH PROVIDES FOR ADDITIONAL SENTENCING WHEN A FELONY IS COMMITTED WHILE BEING IN POSSESSION OF A FIREARM, REQUIRES PROOF THAT A FELONY WAS COMMITTED WHILE THE GUN WAS IN THE DEFENDANT'S POSSESSION. THUS, UNDER BLOCKBURGER, CONVICTION UNDER THE FELONY-FIREARM STATUTE WOULD PRECLUDE CONVICTION UNDER A SEPARATE FELONY STATUTE, BECAUSE THE SAME EVIDENCE IS INVOLVED. THE MICHIGAN SUPREME COURT SHOULD CONFRONT THIS CIRCUMSTANCE BY CONSTRUING THE FELONY-FIREARM STATUTE AS IMPOSING AN ADDITIONAL MANDATORY 2-YEAR SENTENCE FOR THE UNDERLYING FELONY. BY ADOPTING THIS APPROACH, THE COURT WILL PROTECT THE DOUBLE JEOPARDY RIGHTS OF THE CITIZENRY ACCORDING TO BLOCKBURGER WHILE FURTHERING THE LEGISLATURE'S GOAL OF DETERRING ARMED FELONIES. FOOTNOTES ARE PROVIDED. (RCB)