PEOPLE OF MI V LAVELL DEPRIE GREEN (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 25, 2013 Plaintiff-Appellee, v No. 310699 Jackson Circuit Court LC No. 11-005045-FH LAVELL DEPRIE GREEN, Defendant-Appellant. Before: OWENS, P.J., and GLEICHER and STEPHENS, JJ. GLEICHER, J. (concurring). I concur in the result reached by the majority only because Westland v Kodlowski, 298 Mich App 647; 828 NW2d 67 (2012), binds our decision pursuant to MCR 7.215(J)(1). I concur with Judge Shapiro s dissenting opinion in Kodlowski. If writing on a clean slate I would vote to reverse defendant s conviction and remand for a new trial for the reasons aptly set forth by Judge Shapiro. /s/ Elizabeth L. Gleicher -1-

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