Order Michigan Supreme Court
Lansing, Michigan
December 7, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153956 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153956
COA: 332331
Wayne CC: 13-010968-FH
MARIO SHANTEZ GOSS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 18, 2016 order
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the probation revocation and the sentence of the
Wayne Circuit Court and we REMAND this case to the trial court for a probation
revocation hearing and possible resentencing. See MCL 771.4. Without holding a
probation violation hearing as required by MCR 6.445(E), the trial court found that the
defendant had violated the terms of his probation. And, while the court did not state the
grounds for such a finding, it was made immediately after having sentenced the defendant
for his felony murder conviction and associated charges in an unrelated case. However,
the murder was committed more than eight months before the defendant was placed on
probation for the crime charged in this case. Because MCL 771.3(1)(a) provides that
“[d]uring the term of his or her probation, the probationer shall not violate any criminal
law of this state . . . ,” the defendant could not have violated the terms of his probation for
having committed an act amounting to a violation of a criminal law that preceded the
imposition of the order of probation issued in this case.
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.
December 7, 2016
s1130
Clerk