Order Michigan Supreme Court
Lansing, Michigan
May 27, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
150674 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150674
COA: 317800
Wayne CC: 13-000288-FC
SHAQUILLE JOEL SHERMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 13, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion
suggesting that a “completed larceny” is an element of unlawfully driving away a motor
vehicle (UDAA). This Court expressly rejected that conclusion in People v Cain, 495
Mich 874 (2013). We otherwise AFFIRM the Court of Appeals holding that defendant’s
multiple punishments for carjacking and UDAA do not violate his double jeopardy rights,
for the reasons set forth in Cain. 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.
May 27, 2015
s0520
Clerk