Order Michigan Supreme Court
Lansing, Michigan
November 24, 2010 Marilyn Kelly,
Chief Justice
141218 & (20)(21) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141218
COA: 296018
Wayne CC: 02-010195-FC
TYSON DAVID O’NEAL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 19, 2010 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The trial
court’s January 21, 2009 Opinion and Order states that the defendant’s judgment of
sentence incorrectly showed the defendant as a fourth felony offender, when it should
have designated him a second felony offender, and noted that a corrected judgment of
sentence would be sent to the Department of Corrections. The copy of the judgment of
sentence in the record does not reflect that the amendment or correction has been made.
On remand, the circuit court shall assure that an amended judgment of sentence is
prepared and transmitted to the Department of Corrections. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court. The motions to remand and for appointment of counsel are
DENIED.
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.
November 24, 2010 _________________________________________
1117 Clerk