Order Michigan Supreme Court
Lansing, Michigan
May 22, 2013 Robert P. Young, Jr.,
Chief Justice
146496 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: 146496
COA: 306858
Cheboygan CC: 10-004267-FH
SUZANNE FAY LAFOUNTAIN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 20, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether the presence of a firearm in a room that was accessed by the
defendant is sufficient to prove a charge under MCL 333.7401c for a violation that
“involves the possession, placement or use of a firearm” if the defendant occupied
another room where methamphetamine was manufactured within a residence owned and
possessed by another; and (2) whether points may be assessed for prior record variable 7
(PRV 7), MCL 777.57, where the defendant was convicted by a jury of charges that were
subsequently vacated by the trial court.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys 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, Corbin R. Davis, 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.
May 22, 2013 _________________________________________
p0515 Clerk