Order Michigan Supreme Court
Lansing, Michigan
September 15, 2010 Marilyn Kelly,
Chief Justice
141033 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,
Justices
Plaintiff-Appellee,
v SC: 141033
COA: 296159
Wayne CC: 08-009824-FC
LAMAR CLINTON CRAIG,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 2, 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 for
amendment of the judgment of sentence to reflect a single conviction under
MCL 750.338b for gross indecency between male and female as a sexually delinquent
person as defined by MCL 750.10a, with a single sentence of 13 to 40 years, pursuant to
the plea and sentence agreement. MCL 750.10a is a definitional statute, and does not
carry the possibility of a separate conviction or sentence independent of other charges in
the Criminal Code. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
DAVIS, J., not participating. I recuse myself and am not participating because I
was on the Court of Appeals panel in this case. See MCR 2.003(B).
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 15, 2010 _________________________________________
p0908 Clerk