Order Michigan Supreme Court
Lansing, Michigan
September 12, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153986 & (16)(17) David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153986
COA: 331011
Wayne CC: 11-012737-FC
MARCO DEMARIO MARTIN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 28, 2016 order
of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting
Attorney to answer the application for leave to appeal within 28 days after the date of this
order. The prosecuting attorney shall include among the issues to be briefed: (1) whether
Offense Variable (OV) 11, MCL 777.41, was properly scored; (2) whether a formal plea
offer was made to the defendant before trial, and, if known, whether the defendant was
advised of the offer and rejected it; and (3) whether the defendant is entitled to have the
provision of lifetime electronic monitoring pursuant to MCL 750.520b(2)(d) vacated
from his judgment of sentence for failure to provide notice of the penalty in advance of
trial, see MCR 6.104(E), MCR 6.112(D), or in light of People v Comer, 500 Mich ___
(2017).
The application for leave to appeal and motions for appointment of counsel and
remand to the trial court remain pending.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
September 12, 2017
s0906
Clerk