Opinion
No. 141929.
April 8, 2011.
Court of Appeals No. 298970.
Leave to Appeal Denied April 8, 2011.
To the extent People v Floyd, 481 Mich 938 (2008), has been seen as inconsistent with People v Powe, 469 Mich 1032 (2004); People v Drohan, 475 Mich 140, 162 n 14 (2006); and People v Harper, 479 Mich 599, 617 n 31 (2007), it is disavowed.
CAVANAGH and MARILYN KELLY, JJ, would grant leave to appeal.