Order Michigan Supreme Court
Lansing, Michigan
September 18, 2013 Robert P. Young, Jr.,
Chief Justice
147187 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 147187
COA: 312242
Wayne CC: 11-001972-FH
RYAN CHRISTOPHER SMITH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 7, 2013 order of
the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1)
whether a trial court loses jurisdiction, for purposes of sentencing or otherwise, by failure
to sentence a defendant within one year after delaying sentence under MCL 771.1; (2)
whether a defendant waives a claim of error related to a delay in sentencing where he
requests a delayed sentence under the statute; and (3) what remedy should apply to a
failure to sentence a defendant within a year of conviction.
The Criminal Defense Attorneys of Michigan and Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
September 18, 2013
p0911
Clerk