P People of Michigan v. Kevin Theodore Wilson ( 2022 )

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 10, 2022 Plaintiff-Appellant, v No. 358389 Calhoun Circuit Court KEVIN THEODORE WILSON, LC No. 2020-001489-FH Defendant-Appellee. Before: SAWYER, P.J., and MARKEY and SWARTZLE, JJ. SWARTZLE, J. (concurring in part, dissenting in part). While I agree that this matter should be returned to the trial court, I would vacate the trial court’s dismissal of charges rather than outright reverse. It appears that there was some confusion in the record as to the precedential effect of People v Borowka, unpublished per curiam opinion of the Court of Appeals, issued September 17, 2019 (Docket No. 346398), a case upon which I sat. The analysis in Borowka clearly supported the trial court’s dismissal here, although neither the analysis nor the holding dictated that dismissal. Accordingly, I would remand the matter for the sole purpose of permitting the trial court to reconsider its dismissal in light of the fact that Borowka was an unpublished decision. /s/ Brock A. Swartzle -1-