Order Michigan Supreme Court
Lansing, Michigan
June 1, 2011 Robert P. Young, Jr.,
Chief Justice
142819 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Justices
Plaintiff-Appellant,
v SC: 142819
COA: 294687
CURTIS MICHAEL LEWIS, Jackson CC: 09-005687-FC
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 17, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the part of the Court of Appeals decision
vacating the defendant’s sentence and remanding for resentencing and REINSTATE the
sentence imposed by the Jackson Circuit Court. The defendant was convicted of armed
robbery, a crime punishable with imprisonment for life or any term of years, and MCL
769.34(2)(b) does not apply when a defendant is convicted of a crime punishable with
imprisonment for life or any term of years because the minimum will never exceed two-
thirds of the statutory maximum of life. People v Washington, ___ Mich ___ (Docket
No. 141929, decided April 8, 2011); People v Powe, 469 Mich 1032 (2004); People v
Drohan, 475 Mich 140, 162 n 14 (2006); and People v Harper, 479 Mich 599, 617 n 31
(2007).
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.
June 1, 2011 _________________________________________
h0525 Clerk