PEOPLE OF MI V JOHN CHRISTOPHER-CHARLE GASTON (Dissenting Opinion)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 14, 2016 Plaintiff-Appellee, v No. 319018 Wayne Circuit Court LC No. 13-003484-FH JOHN CHRISTOPHER-CHARLE GASTON, a/k/a JOHN CHRISTOPHER GASTON, Defendant-Appellant. ON REMAND Before: CAVANAGH, P.J., and METER and SHAPIRO, JJ. METER, J. (dissenting). I concluded in my earlier separate opinion in this case that adequate evidence supported the scoring of Offense Variable 8. See People v Gaston, unpublished opinion per curiam of the Court of Appeals, issued February 26, 2015 (Docket No. 319018) (METER, J., concurring in part and dissenting in part). I continue to adhere to this conclusion. Accordingly, I would remand this case for a Crosby1 hearing in accordance with People v Lockridge, 498 Mich 358, 395; 870 NW2d 502 (2015). /s/ Patrick M. Meter 1 United States v Crosby, 397 F3d 103 (CA 2, 2005). -1-

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