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PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 25, 2019 Plaintiff-Appellee, v No. 344262 Kent Circuit Court MIGUEL GARCIA, LC No. 18-000208-FH; 18-000285-FH Defendant-Appellant.

Before: SAWYER, P.J., and BORRELLO and SHAPIRO, JJ.

SHAPIRO, J. (dissenting).

I respectfully dissent because the trial court failed to provide adequate grounds for imposing a consecutive sentence as mandated by People v Norfleet, 317 Mich App 649, 665; 897 NW2d 195 (2016).

The relevant crimes were downloading of child pornography and using a computer to commit a crime. The court ordered that the terms imposed be served consecutively. Therefore defendant will serve a combined term of 66 months to 11 years.

I conclude that this was an abuse of the court’s discretion. First, defendant’s history provided no grounds for a consecutive sentence. He was 62 years old at the time of his conviction and had never before been charged with a crime. Second, there was no allegation that defendant ever improperly touched a child or communicated with a child for the purpose of having any relationship, let alone sexual contact. Third, given that the crime of accessing child pornography—with rare exception—requires the use of a computer it is difficult to see how that crime merits a consecutive sentence.1 Michigan has a “clear preference for concurrent

I recognized that sentences for felony firearm are imposed consecutively to an underlying crime such as armed robbery. MCL 750.227b(3). However, unlike this case, the felony-firearm statute requires a consecutive sentence. Moreover, guns are dangerous weapons by their nature while computers are not.

-1- sentencing,” and the “ ‘strong medicine’ of consecutive sentences is reserved for those situations in which so drastic a deviation from the norm is justified.” Norfleet, 317 Mich App at 665 (quotation marks and citation omitted).

/s/ Douglas B. Shapiro

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