People v. Philpot

The pertinent facts are well stated in Judge Riley’s separate opinion, and we are in agreement with the majority of what is said there. We are also in agreement with the position that *260the verdicts in this case are inexplicably inconsistent. We differ, however, with the apparent conclusion that there is no appropriate remedy for this situation.

The concurring/dissenting opinion seems to assume that the only way in which the inconsistency could be remedied would be to vacate the "but mentally ill” portion of defendant’s felony-firearm conviction. This option is declined, because it is perceived…