PEOPLE OF MI V BRENTLY O'BRIEN BOHANEN (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 26, 2013 Plaintiff-Appellee, v No. 304847 Wayne Circuit Court LC No. 10-010742-FH BRENTLY O BRIEN BOHANEN, Defendant-Appellant. Before: RONAYNE KRAUSE, P.J., and SERVITTO and SHAPIRO, JJ. SHAPIRO, J. (concurring in part and dissenting in part). I concur with the majority as to the ineffective assistance of counsel issue and its conclusion that OV 19 was improperly scored. I differ from the majority, however, in that in keeping with People v Francisco, 474 Mich 82; 711 NW2d 44 (2006), I would remand this case for resentencing. /s/ Douglas B. Shapiro -1-

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