Opinion
No. 130207.
November 2, 2007.
Court of Appeals No. 252100.
Leave to Appeal Denied November 2, 2007:
I join the order denying leave to appeal. I write separately only to observe that, in an appropriate case, this Court should address whether to apply the rationale of People v Smith, 478 Mich 292 (2007), to a case where the defendant was convicted of felony murder and the predicate felony. In light of our decision in Smith, the holding in People v Wilder, 411 Mich 328 (1981), is now in question. But because the defendant in Smith had not been convicted of the predicate felony, we did not in that case consider whether Wilder should be overruled. Although we should address this issue in an appropriate case, defendant here failed to preserve the Wilder issue. Therefore, I concur in the denial of leave to appeal.
I would remand this case for correction of the judgment of sentence.