Order Michigan Supreme Court
Lansing, Michigan
November 27, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147202 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147202
COA: 312122
Oakland CC: 2011-239490-FH;
2012-240595-FH
DARRELL D. FULTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 22, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Oakland Circuit Court for a
determination whether the presentence report contains information that is inaccurate,
relating to the defendant’s prior criminal history. If it is determined by the circuit court
that inaccurate information is included in the presentence report, the report shall be
corrected or the information deleted in accordance with MCR 6.425(E)(2), and the
corrected report shall be forwarded to the Michigan Department of Corrections. In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining question presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 27, 2013
s1120
Clerk