Order Michigan Supreme Court
Lansing, Michigan
December 20, 2017 Stephen J. Markman,
Chief Justice
153745 & (12) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Plaintiff-Appellee, Justices
v SC: 153745
COA: 330917
Wayne CC: 06-010123-FC
KEVIN D. BROWN, a/k/a ANTHONY PAUL
JORDAN,
Defendant-Appellant.
_____________________________________/
By order of December 21, 2016, the application for leave to appeal the March 29,
2016 order of the Court of Appeals was held in abeyance pending the decision in People
v Comer (Docket No. 152713). On order of the Court, the case having been decided on
June 23, 2017, 500 Mich 278 (2017), the application is again considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the October 27, 2009
amended judgment of sentence of the Wayne Circuit Court, and we REMAND this case
to the trial court to reinstate the December 3, 2007 amended judgment of sentence.
Because the December 3, 2007 amended judgment of sentence was valid, the Wayne
Circuit Court lacked the authority to correct the sentence. See MCR 6.429(B) (“[T]he
court may not modify a valid sentence after it has been imposed except as provided by
law.”). In all other respects, leave to appeal is DENIED, because the defendant has failed
to meet the burden of establishing entitlement to relief under MCR 6.508(D). The motion
for appointment of counsel is DENIED.
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 20, 2017
t1213
Clerk