C People of Michigan v. Jason M Brilla

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PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 15, 2024 Plaintiff-Appellee,

v No. 366095 Macomb Circuit Court JASON M. BRILLA, LC No. 2022-002076-FC

Defendant-Appellant.

Before: O’BRIEN, P.J., and CAVANAGH and SHAPIRO*, JJ.

SHAPIRO, J. (concurring).

I concur in full as to the asportation and OV 5 issues. Because we are bound by People v Houston, 473 Mich 390; __NW2d ___ (2005), I also concur as to the scoring of OV 3. However, I respectfully suggest that the Supreme Court revisit Houston given its attenuated reasoning as described in Justice Cavanagh’s dissent.

/s/ Douglas B. Shapiro

*Former Court of Appeals judge, sitting on the Court of Appeals by assignment.

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