PEOPLE OF MI V DARRELL WILDER

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 21, 2008 Plaintiff-Appellee, v No. 278737 Wayne Circuit Court LC No. 07-004454-01 DARRELL WILDER, Defendant-Appellant. Before: Meter, P.J., and Talbot and Murray, JJ. METER, J. (concurring). I concur in the majority’s conclusion that reversal is required here because, under the Supreme Court’s reasoning in People v Cornell, 466 Mich 335, 353-357; 646 NW2d 127 (2002), People v Mendoza, 468 Mich 527, 532-533; 664 NW2d 685 (2003), and People v Nyx, 479 Mich 112, 115, 143; 734 NW2d 548 (2007), a defendant charged only with first-degree home invasion may not be convicted of third-degree home invasion. However, in my opinion, if a defendant is charged with a crime that is divided into degrees by the Legislature, a conviction of a lesser degree of the charged offense should be allowed, regardless of whether the lesser offense meets the “necessarily included lesser offense” criteria set forth in Cornell and Mendoza. In this respect, I agree with Justice Corrigan’s dissent in Nyx. See Nyx, supra at 154-161 (CORRIGAN, J., dissenting). I would urge the Supreme Court to use the present case to revisit the issue regarding “degreed” offenses and to adopt the position of Justice Corrigan – that an “inferior” offense under MCL 768.32(1) includes an offense designated as a lesser-degreed offense by the Legislature. /s/ Patrick M. Meter -1-

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