# People v. Butler-Jackson

> Michigan Court of Appeals · November 6, 2014 · 307 Mich. App. 667

URL: https://www.frixlaw.com/law-library/cases/9804637

## Case

- **Full name:** People of Michigan v. Lois Butler-Jackson
- **Court:** Michigan Court of Appeals
- **Decided:** November 6, 2014
- **Citations:** 307 Mich. App. 667; 862 N.W.2d 423; 2014 Mich. App. LEXIS 2147
- **Precedential status:** Published
- **Opinion:** Concurrence by Riordan
- **Judges:** Riordan, Cavanagh, Talbot
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9804637

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9804637. Public record. Not legal advice.