Order Michigan Supreme Court
Lansing, Michigan
October 25, 2013 Robert P. Young, Jr.,
Chief Justice
147230 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: 147230
COA: 312664
Oakland CC: 2011-235676-FH
TERENCE DARRYLE JENKINS,
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the May 9, 2013 order of
the Court of Appeals is considered, and it is DENIED, because we are not persuaded that
the questions presented should be reviewed by this Court.
MARKMAN, J. For the reasons set forth in my separate dissenting statement in
People v Alexander, 494 Mich 876, 878-879 (2013), I would remand this case to the trial
court and require that court to articulate reasons explaining and justifying its specific
upward departure from the sentencing guideline range in this case in accordance with
People v Smith, 482 Mich 292 (2008).
MCCORMACK, J., joins the statement of MARKMAN, J.
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.
October 25, 2013
h1022
Clerk