People v. Hunter ( 2002 )

Cavanagh, J.

(dissenting). I would deny leave to appeal. The Court of Appeals correctly reversed the defendant’s conviction for conspiracy to possess with intent to deliver more than 650 grams of cocaine because the prosecutor presented insufficient evidence of intent to combine and deliver the statutory minimum.

Moreover, leave to appeal should be denied because the facts are close, because People v Mass, 464 Mich 615; 628 NW2d 540 (2001), solidified this Court’s thinking regarding the necessary elements in conspiracy to deliver, and finally because the defendant’s life sentence will not be altered by this change.

Kelly, J., concurred with Cavanagh, J.