Order Michigan Supreme Court
Lansing, Michigan
March 31, 2017 Stephen J. Markman,
Chief Justice
152778 Robert P. Young, Jr.
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 152778
COA: 315209
Alger CC: 2012-001997-FC
ISRAEL A. VELEZ,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the October 13, 2015
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).
We further ORDER the Alger Circuit Court, in accordance with Administrative Order
2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney
Mitchell T. Foster, if feasible, to represent the defendant in this Court. If this
appointment is not feasible, the trial court shall, within the same time frame, appoint
other counsel to represent the defendant in this Court.
The parties shall file supplemental briefs within 42 days of the date of the order
appointing counsel, or of the ruling that the defendant is not entitled to appointed counsel,
addressing: (1) whether the defendant’s claim regarding the preliminary sentence
evaluation under People v Cobbs, 443 Mich 276 (1993), is properly before this Court,
given his failure to file a motion to withdraw his plea in the trial court, see MCR
6.310(D), and notwithstanding the prosecutor’s failure to raise and preserve this issue,
see People v Oliver, 417 Mich 366, 385-386 n 17 (1983); and (2) if so, whether the trial
court failed to impose a sentence in accordance with the preliminary evaluation. 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.
March 31, 2017
a0328
Clerk
People of Michigan v. Israel a Velez
Combined Opinion