People of Michigan v. John Christopher-Charle Gaston

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 14, 2016

Plaintiff-Appellee,

v No. 319018 Wayne Circuit Court

JOHN CHRISTOPHER-CHARLE GASTON, LC No. 13-003484-FH a/k/a JOHN CHRISTOPHER GASTON,

Defendant-Appellant.

ON REMAND

Before: CAVANAGH, P.J., and METER and SHAPIRO, JJ.

METER, J. (dissenting).

I concluded in my earlier separate opinion in this case that adequate evidence supported the scoring of Offense Variable 8. See People v Gaston, unpublished opinion per curiam of the Court of Appeals, issued February 26, 2015 (Docket No. 319018) (METER, J., concurring in part and dissenting in part). I continue to adhere to this conclusion. Accordingly, I would remand this case for a Crosby1 hearing in accordance with People v Lockridge, 498 Mich 358, 395; 870 NW2d 502 (2015).

/s/ Patrick M. Meter

1 United States v Crosby, 397 F3d 103 (CA 2, 2005).