PEOPLE OF MI V STEFFON LOREN FLOYD (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 STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 24, 2021 Plaintiff-Appellee, v No. 352875 Wayne Circuit Court LC No. 19-003013-01-FC STEFFON LOREN FLOYD, Defendant-Appellant. Before: K. F. KELLY, P.J., and SHAPIRO and SWARTZLE, JJ. SHAPIRO, J. (concurring in part, dissenting in part). I join the majority opinion as to affirmance of defendant’s convictions. I would, however, vacate defendant’s sentence and remand for resentencing. The departure from the 25-year mandatory minimum was extraordinary, i.e., 15 years, and nearly all of the reasons cited for the departure were either inherent in the offense or accounted for by the guidelines. The one factor cited by the trial court other than those accounted for in the guidelines was its observation that defendant gave intimidating looks to the victim’s mother and sister when they testified, a factor which might justify some increased sentence, but not one of this extent. /s/ Douglas B. Shapiro -1-

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