C People of Michigan v. Andy Gonzalez

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 3, 2022

Plaintiff-Appellee,

V No. 358400 Kent Circuit Court

ANDY GONZALEZ, LC No. 17-005065-FC

Defendant-Appellant.

Before: SHAPIRO, P.J., and GADOLA and YATES, JJ.

SHAPIRO, P.J. (concurring).

I concur in affirming defendant’s sentence. I write separately to respectfully suggest that the Michigan Supreme Court revisit the question whether simultaneous offenses can be counted separately for purposes of the habitual offender statutes given that doing so is inconsistent with the plain meaning of “habitual” and the clearly apparent intent of the habitual offender statutes to address repeat offenders. See People v Preuss, 436 Mich 714; 461 NW2d 703 (1990), and People v Stoudemire, 429 Mich 262; 414 NW2d 693 (1987), overruled by People v Gardner, 482 Mich 41; 753 NW2d 78 (2008).

/s/ Douglas B. Shapiro