PEOPLE OF MI V WILLIAM THOMAS BEEBE (Concurring Opinion)
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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 7, 2013 Plaintiff-Appellee, v No. 305890 Eaton Circuit Court LC No. 11-020108-FC WILLIAM THOMAS BEEBE, Defendant-Appellant. Before: SHAPIRO, P.J., and GLEICHER and RONAYNE KRAUSE, JJ. SHAPIRO, P.J., (concurring). Judge Gleicher s concurrence raises valid questions as to the challenged evidentiary rulings, but like each of my colleagues, I agree that affirmance is proper. I write separately to note my concerns that the Legislature s prohibition against a judge imposing any minimum sentence less than 25 years violates the constitutional doctrine of separation of powers. See, Note, Trial by Legislature: Why Statutory Mandatory Minimum Sentences Violate the Separation of Powers Doctrine, 19 B.U. Pub. Int. L.J. 285(2010). This constitutional question should, however, be resolved in a case where the issue has been squarely raised and fully briefed. /s/ Douglas B. Shapiro -1-
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