PEOPLE OF MI V DAVID JEROME REYNOLDS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 4, 2004 Plaintiff-Appellee, v No. 245140 Saginaw Circuit Court LC No. 02-021268-FC DAVID JEROME REYNOLDS, Defendant-Appellant. Before: Sawyer, P.J., and Saad and Bandstra, JJ. BANDSTRA, J. (concurring). I concur with the majority’s decision to affirm defendant’s convictions and sentences but write separately to note my conclusion that the trial court erred in admitting evidence regarding gangs and defendant’s possible gang affiliation. Nonetheless, in light of the compelling evidence from witnesses who identified defendant as the robber, it does not affirmatively appear that this error was more probably than not outcome determinative. People v Lukity, 460 Mich 484, 496; 596 NW2d 607 (1999). /s/ Richard A. Bandstra -1-

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