People v. Kowalski

I agree with the majority’s conclusion that the trial court improperly instructed the jury on the charged offense, MCL 750.145a. Although I do not believe that the evidence against defendant was “overwhelming,” I concede that, under the facts of this case, defendant cannot establish that he is entitled to relief under plain-error review. Accordingly, I concur only with the result reached by the majority opinion. I write separately, however, because I question the majority’s waiver analysis. I also write to reiterate my belief that this Court should not have extended the plain-error review…