Order Michigan Supreme Court
Lansing, Michigan
November 16, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
156022 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 156022
COA: 337436
Oakland CC: 2015-255954-FH;
WALTER ANDREW WALAS, 2015-255955-FH
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 9, 2017 order of
the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting
Attorney to answer the application for leave to appeal within 28 days after the date of this
order. In addressing when embezzlement is “committed” for purposes of scoring Prior
Record Variable (PRV) 2, MCL 777.52, and PRV 6, MCL 777.56, the prosecutor shall
consider the analysis in People v Eastom, unpublished per curiam opinion issued March
24, 2015 (Docket No. 319494), and shall address whether the Eastom analysis is correct
and whether, under such an approach, PRV 2 and PRV 6 were correctly scored in this
case.
The application for leave to appeal remains pending.
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 16, 2017
d1115
Clerk