People v. Ferguson

Corrigan, J.

(concurring). I concur in the order remanding to the Court of Appeals for reconsideration in light of People v Trapp (On Remand), 280 Mich App 598 (2008), only because the prosecution conceded in its brief before the Court of Appeals that defendant was entitled to a remand for the trial court to articulate that it considered defendant’s ability to pay at the time of sentencing. Cf. People v Trapp, 482 Mich 1044 (2008).

Hathaway, J. (not participating). To avoid unnecessary delay to the parties in cases considered by this Court before I assumed office, I follow the practice of previous justices in transition and participate only in cases that need my vote to achieve a majority for a decision.