Order Michigan Supreme Court
Lansing, Michigan
January 22, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150857 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150857
COA: 314579
Ingham CC: 11-000565-FC
YUMAR ANTONIO BURKS,
Defendant-Appellant.
_________________________________________/
On January 14, 2016, the Court heard oral argument on the application for leave to
appeal the December 2, 2014 judgment of the Court of Appeals. On order of the Court,
the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to
appeal, we VACATE that part of the Court of Appeals opinion holding that second-
degree child abuse under MCL 750.136b(3)(b) is a necessarily included lesser offense of
first-degree child abuse. The Court of Appeals did not need to reach this issue because
that instruction was never requested in the trial court. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining question 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.
January 22, 2016
s0119
Clerk