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