Order Michigan Supreme Court
Lansing, Michigan
June 17, 2020 Bridget M. McCormack,
Chief Justice
160668-9 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 160668-9
COA: 342039; 342043
Macomb CC: 2016-000309-FH
JAMES CURTIS BECK, 2017-001376-FC
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the October 17, 2019
judgment of the Court of Appeals is considered. We DIRECT the Macomb County
Prosecuting Attorney to answer Issues I and XI in the application for leave to appeal
within 28 days after the date of this order. The prosecution shall specifically address:
(1) whether the defendant’s retrial in Docket No. 2016-000309-FH was a violation of
double jeopardy principles; (2) if so, whether vacating his convictions in that case would
also warrant a new trial, resentencing, or any other remedy in Docket No.
2017-001376-FC; and (3) whether the trial court improperly imposed a mandatory
minimum sentence of 25 years for an act of first-degree criminal sexual conduct (Count
II) that was not charged as carrying such a minimum.
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.
June 17, 2020
t0610
Clerk