People of Michigan v. David Mark Cole

Order Michigan Supreme Court Lansing, Michigan September 21, 2011 Robert P. Young, Jr., Chief Justice 143046 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 143046 COA: 298893 Muskegon CC: 09-057782-FH DAVID MARK COLE, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the March 15, 2011 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether MCR 6.302 requires that a defendant pleading guilty or no contest to first-degree or second-degree criminal sexual conduct must be informed that he or she will be subject to lifetime electronic monitoring if the victim is under 13 years of age and the defendant is sentenced to prison; and (2) whether lifetime electronic monitoring must be included in the terms of a sentence evaluation under People v Cobbs, 443 Mich 276 (1993). The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys 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. September 21, 2011 _________________________________________ y0914 Clerk