PEOPLE OF MI V LARRY DEVONTE HARRIS (Concurring Opinion)

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 22, 2019 Plaintiff-Appellee, v No. 344028 Kent Circuit Court LC No. 17-010975-FH LARRY DEVONTE HARRIS, Defendant-Appellant. Before: MARKEY, P.J., and BORRELLO and BOONSTRA, JJ. BOONSTRA, J. (concurring). I concur fully with the majority opinion. However, in light of the fact that the sentencing guidelines are now advisory (although still relevant to a trial court’s sentencing determination), I write separately to state that I continue to believe it to be more accurate to refer to the challenged sentence as an “out of guidelines sentence” because the framework for reviewing such sentences post-People v Lockridge, 498 Mich 358, 365; 870 NW2d 502 (2015), differs significantly from that which existed when the sentencing guidelines were mandatory. See People v Lampe, 327 Mich App 104, 133-135; ___ NW2d ___ (2019) (BOONSTRA, J., concurring); see also People v Odom, 327 Mich App 297, ___; ___ NW2d ___ (2019) (referring to the defendant’s sentence as an “out-of-guidelines sentence”). /s/ Mark T. Boonstra -1-

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