People v. Bordash

J. L. Martlew, J.,

(concurring). I agree with the reasoning of the majority. I write a separate concurrence only because I have read People v Smith, 438 Mich 715; 475 NW2d 333 (1991), several times and still don’t know whether violation of the 180-day rule is a jurisdictional defect. See People v New, 427 Mich 482, 492; 398 NW2d 358 (1986), and People v Irwin, 192 Mich App 216, 218; 480 NW2d 611 (1991). I think that question needs to be resolved before the issues raised by this defendant can be decided with finality.