Opinion

People v. Butler-Jackson

  • 307 Mich. App. 667
  • 862 N.W.2d 423
  • 2014 Mich. App. LEXIS 2147
Court
Michigan Court of Appeals
Filed
Nov 6, 2014
Status
Published
Author
Riordan
On the bench
Riordan, Cavanagh, Talbot
Cited by
1 cases

The opinion

RIORDAN, P.J.

(concurring). I concur with the lead opinion’s analysis and conclusions but add that defendant and Brian Deloose did not conspire to commit a “legal act in an illegal manner” under MCL 750.157a. In fact, they may have done the opposite and conspired to commit illegal acts, in part through the use of MCL 333.26424(f).

Defendant was convicted of violating MCL 750.492a(l)a, the falsification of medical records, an illegal act. Deloose also was convicted of falsifying medical records and of three counts of delivery or manufacture of marijuana in violation of MCL 333.7401(2)(d)(iii), also illegal acts. Considering those underlying convictions, defendant and Deloose may have conspired to commit those illegal acts and could *682 have been more appropriately charged for conspiracy under the “commit an offense prohibited by law” prong of MCL 750.157a.

In any event, since a failure to abide by the dictates of MCL 333.26424(f) is not an illegal act, it is not possible to use that statute as a basis for a charge of conspiring to commit a legal act in an illegal manner under MCL 750.157a.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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