Order Michigan Supreme Court
Lansing, Michigan
July 9, 2021 Bridget M. McCormack,
Chief Justice
162589 Brian K. Zahra
David F. Viviano
Richard H. Bernstein
Elizabeth T. Clement
Megan K. Cavanagh
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch,
Plaintiff-Appellee, Justices
v SC: 162589
COA: 347705
Oscoda CC: 17-001523-FC
JEFFREY TRAVIS TOENSFELDT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 15, 2020
judgment of the Court of Appeals is considered. We DIRECT the Oscoda County
Prosecuting Attorney to answer the application for leave to appeal within 28 days after
the date of this order. The response shall be limited to: (1) whether the conduct giving
rise to the instant case occurred before the entry of the defendant’s 2016 conviction for
possession of less than 25 grams of a controlled substance; (2) whether the circuit court
erred by sentencing the defendant as a fourth-offense habitual offender, see MCL 769.12;
(3) whether the circuit court erred in its scoring of Prior Record Variable 2, see MCL
777.52; and (4) whether the defendant is entitled to resentencing, see People v Francisco,
474 Mich 82, 89-91 (2006).
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.
July 9, 2021
t0706
Clerk