specially concurring.
While I concur in the result reached by the majority, I find the points raised by Justice Bistline’s dissent compelling. However, Justice Bistline’s dissent is not so much a dissent from the majority opinion as a discussion of issues neither raised nor briefed by the parties nor addressed by the majority of this Court.
I regret that defendant's appellate counsel did not raise many of the issues addressed by Justice Bistline. Also, I think it unfortunate that Justice Bistline’s lucid discussion falls under the rubric of a “dissent” because that implies that the majority considered the issues he discusses and reached a contrary position. This is not the case. The majority may well agree with Justice Bistline’s position on other questions if called upon to resolve those issues in a further appeal.