Order Michigan Supreme Court
Lansing, Michigan
May 22, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
158048
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Plaintiff-Appellee, Justices
v SC: 158048
COA: 341535
Macomb CC: 2015-004284-FH
DARYL DEWITT DAVIS,
Defendant-Appellant.
_________________________________________/
By order of December 21, 2018, the prosecuting attorney was directed to answer
the application for leave to appeal the May 15, 2018 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered. Pursuant to MCR 7.305(H)(1), in light of the prosecutor’s concession
that defendant was not subject to a mandatory 25-year minimum sentence under MCL
769.12(1)(a), we VACATE the July 29, 2016 amended judgment of sentence, and we
REMAND this case to the Macomb Circuit Court to reinstate the April 26, 2016 amended
judgment of sentence. In all other respects, leave to appeal is DENIED, because we are
not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
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.
May 22, 2019
s0515
Clerk