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191 Mich. App. 269

People v. Williams

Michigan Court of Appeals

Decided September 16, 1991

Michigan Court of Appeals · decided 1991-09-16

Cited by 4 later decisions — most recently June 2007

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1991-09-16

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Weaver, J.

¶1(concurring in the result only). I agree that the conviction and sentence in this case should be affirmed, but write separately to state that I follow People v Anway (After Remand), 189 Mich App 706; 473 NW2d 804 (1991), only because Administrative Order No. 1990-6, 436 Mich lxxxiv, requires I do so.

¶2Were it not for Administrative Order No. 1990-6, I would continue to follow People v Jerovsek, 172 Mich App 489; 432 NW2d 350 (1988). The dissent in Anway found Jerovsekmore persuasive for the following reasons:

1. The official United States pharmacopeia recognizes alcohol as a drug.
2. The second edition of the Michigan Sentencing Guidelines, unlike the first edition, contains no list of scorable misdemeanors.
3. The fact that the drug offenses and the ouil offenses fall within different codes is an insufficient distinction for determining whether ouil offenses should be scored as prior misdemeanors.
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