People of Michigan v. Dwayne Edmund Wilson

Order Michigan Supreme Court Lansing, Michigan November 17, 2016 Robert P. Young, Jr., Chief Justice 154039 Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen, Plaintiff-Appellant, Justices v SC: 154039 COA: 324856 Macomb CC: 2009-002637-FC DWAYNE EDMUND WILSON, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the May 10, 2016 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether MCL 750.227b(1) of the felony-firearm statute requires two prior convictions under this subsection to have arisen from separate criminal incidents in order for a third conviction under the subsection to trigger the 10-year imprisonment penalty; and, if not (2) whether this Court should overrule People v Stewart, 441 Mich 89 (1992), which, in holding that the two prior convictions must have arisen from separate criminal incidents, relied upon People v Preuss, 436 Mich 714 (1990), the reasoning of which was overruled by People v Gardner, 482 Mich 41 (2008). The parties should not submit mere restatements of their application papers. 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. November 17, 2016 t1110 Clerk