People v. Childers

I dissent from the conclusion reached by the majority. While it is apparent that the defendant did, in fact, receive different sentences from the federal and state courts on these charges, his potential sentencing exposure was substantially similar. The majority correctly declines the unwarranted invitation of the prosecution to overrule People v Cooper, 398 Mich 450; 247 NW2d 866 (1976), but then erroneously attempts to stretch this case to fit within Cooper's “substantially different” exception. Id. at 462. Because it is clear to me that the case does not fit within that exception, I would…