People of Michigan v. Samuel Darnel Harper

Michigan Court of Appeals

People of Michigan v. Samuel Darnel Harper

Michigan Court of Appeals·Decided March 19, 2019·No. 341504·Unpublished

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PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 19, 2019

Plaintiff-Appellee,

v No. 341504 Manistee Circuit Court

SAMUEL DARNEL HARPER, LC No. 17-004727-FH

Defendant-Appellant.

Before: STEPHENS, P.J., and GLEICHER and BOONSTRA, JJ.

BOONSTRA, J. (concurring).

I concur in the result reached by the majority, and in its holding that defendant’s sentence was proportionate and reasonable. I write separately only to reiterate my belief that the language of “departure” sentences and the “extent of the departure” from our pre-Lockridge caselaw is of questionable continuing utility after Lockridge and its progeny, for the reasons set for in my concurring opinion in People v Lampe, ___ Mich App ___; ___ NW2d ___ (2019) (Docket No. 342325) (BOONSTRA, J., concurring).

/s/ Mark T. Boonstra

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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PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 19, 2019

Plaintiff-Appellee,

v No. 341504 Manistee Circuit Court

SAMUEL DARNEL HARPER, LC No. 17-004727-FH

Defendant-Appellant.

Before: STEPHENS, P.J., and GLEICHER and BOONSTRA, JJ.

BOONSTRA, J. (concurring).

I concur in the result reached by the majority, and in its holding that defendant’s sentence was proportionate and reasonable. I write separately only to reiterate my belief that the language of “departure” sentences and the “extent of the departure” from our pre-Lockridge caselaw is of questionable continuing utility after Lockridge and its progeny, for the reasons set for in my concurring opinion in People v Lampe, ___ Mich App ___; ___ NW2d ___ (2019) (Docket No. 342325) (BOONSTRA, J., concurring).

/s/ Mark T. Boonstra

People of Michigan v. Samuel Darnel Harper, (Mich. Ct. App. 2019).

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