Order Michigan Supreme Court
Lansing, Michigan
October 31, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
145371 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 145371
COA: 300480
Oakland CC: 2010-232465-FH
CHANDRA VALENCIA SMITH-ANTHONY,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 3, 2012
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the evidence was sufficient to prove
beyond a reasonable doubt that the crime of larceny from a person, MCL 750.357, was
committed within the “immediate area of control or immediate presence” of the loss
prevention officer who witnessed the theft; (2) whether the 2004 amendment of the
robbery statute, 2004 PA 128 (amending MCL 750.530), altered the definition of
“presence” with respect to the larceny from a person statute; and, if not (3) whether the
common-law definition of the phrase “from the person” remains consistent with the
common-law definition of “presence.”
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
I, Corbin R. Davis, 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.
October 31, 2012 _________________________________________
s1024 Clerk