Order Michigan Supreme Court
Lansing, Michigan
November 25, 2013 Robert P. Young, Jr.,
Chief Justice
147601 & (22) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 147601
COA: 313177
Genesee CC: 10-027745-FH
DAVID KELLY HUTCHESON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to appeal is treated as a motion to file a
supplemental brief in support of the application for leave to appeal, and it is GRANTED.
The application for leave to appeal the July 16, 2013 order of the Court of Appeals is
considered. With regard to whether the trial court erred in scoring Offense Variable 1,
MCL 777.31, and Offense Variable 2, MCL 777.32, leave to appeal is DENIED, because
we are not persuaded that the question presented should be reviewed by this Court prior
to consideration by the Court of Appeals. In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining questions 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 25, 2013
p1118
Clerk