PEOPLE OF MI V SAMUEL THOMAS LUCERO

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 30, 2004 Plaintiff-Appellee, v SAMUEL THOMAS LUCERO, Defendant-Appellant. No. 231977 Macomb County Circuit LC No. 00-001089-FC ON REMAND Before: Kelly, P.J., and Murphy and Murray, JJ. MURPHY, J. (concurring). I concur in affirming defendant’s conviction for the reasons stated in our prior opinion, and upon further review, because I agree that the trial court erred by ruling that the defendant’s statements were involuntary. In view of this conclusion regarding the voluntariness of defendant’s statements, I would refrain from addressing, by dictum, the issue regarding preservation unless given further direction from the Supreme Court. /s/ William B. Murphy

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