People v. Johnigan

SCHUETTE, EJ.

(concurring). I join in the conclusions reached in the lead opinion authored by my distinguished colleague, Judge DAVID H. SAWYER. However, as eloquent as he is, equaled only by the pen of my distinguished colleague Judge PETER D. O’CONNELL, I refrain from engaging in the legal colloquy concerning the application of People v Mack, 265 Mich App 122; 695 NW2d 345 (2005), and People v Houston, 261 Mich App 463; 683 NW2d 192 (2004), and the errors, if any, contained in those opinions. Neither Mack nor Houston is dispositive of the case at bar. Further, there is no reason to declare a…