People v. Travis

I agree with the majority that the prosecutor in the instant case violated MCL 768.20 et seq.; MSA 28.1043 et seq., and that the error was not harmless. Nevertheless, because *687I find that the majority fails to apply the appropriate standard delineated in subsection 3 of the statute to determine whether the prosecutor violated the act, I write separately.

I

Subsection 1 of the notice-of-alibi statute mandates in pertinent part:

If a defendant in a felony case proposes to offer in his defense testimony to establish an alibi at the time of the alleged offense, the defendant shall at the time of…