PEOPLE OF MI V EDWARD JOHNIGAN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
FOR PUBLICATION
March 22, 2005
9:00 a.m.
Plaintiff-Appellee,
v
Nos. 250909; 251408
Wayne Circuit Court
LC Nos. 03-004489-01;
03-004486
EDWARD JOHNIGAN,
Defendant-Appellant.
Official Reported Version
Before: Schuette, P.J., and Sawyer and O'Connell, JJ.
SCHUETTE, P.J. (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 __; __ NW2d __ (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 conflict with either case pursuant to MCR 7.215(J).
The case before this Court must be remanded to the trial court for an articulation of the
reasons for defendant's sentence for the second conviction of felon in possession of a firearm
which sentence represents an upward departure from the sentencing guidelines. People v
Babcock, 469 Mich 247, 255-257; 666 NW2d 231 (2003). Defendant is a hardened contract
killer. He has engaged in a series of planned criminal acts with deadly results. He is behind
bars. He will remain behind bars. The trial court must simply state on the record the reasons
(and many reasons exist) for a proper upward departure in sentencing defendant.
/s/ Bill Schuette
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