Order Michigan Supreme Court
Lansing, Michigan
May 21, 2012 Robert P. Young, Jr.,
Chief Justice
144506-7 & (46) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 144506-7
COA: 299917; 299918
Washtenaw CC: 09-001956-FH;
JAMIL WILLIAM THOMAS, 09-001957-FH
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the December 13, 2011 judgment of the Court of Appeals
is considered, and it is DENIED, because we are not persuaded that the question
presented should be reviewed by this Court. The defendant pleaded guilty to four
offenses, three of which were crimes against a person; thus, even if the conspiracy
conviction is not counted, see People v Bonilla-Machado, 489 Mich 412 (2011), offense
variable 13 was still correctly scored at 25 points for three crimes against a person within
a five-year period.
YOUNG, C.J. (concurring in part and dissenting in part).
I concur in the Court’s decision to deny defendant’s application for leave to appeal
because OV 13 was correctly scored at 25 points. I do not support the portion of the
order that indicates defendant’s conspiracy conviction was not a crime against a person
for purposes of OV 13 for the reasons set forth in my dissenting opinion in People v
Bonilla-Machado, 489 Mich 412, 441-450 (2011).
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.
May 21, 2012 _________________________________________
d0514 Clerk