Order Michigan Supreme Court
Lansing, Michigan
December 2, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138084 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 138084
COA: 278577
Wayne CC: 06-014189-01
MICHAEL LORENZO ANTHONY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 20, 2008
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
I concur, but write separately to acknowledge the merit in defendant’s claim that
he was improperly assessed 25 points for OV 13 (continuing pattern of criminal
behavior) because his most recent offense was committed ten years before the instant
offense. People v Francisco, 474 Mich 82, 87 (2006) (only crimes committed within a
five-year period are considered for the purposes of OV 13). Nonetheless, trial counsel
expressed satisfaction with the inaccurate score that rendered defendant’s sentence a
12½-year upward departure from the range that would have resulted from an accurate
score. In his application, defendant does not properly raise the claim that trial counsel
was ineffective for failing to correct this scoring error. See People v Kimble, 470 Mich
305, 314 (2004). If there is to be relief, it must come in response to a motion for relief
from judgment. MCR 6.508(D).
HATHAWAY, J., not participating. Justice Hathaway recuses herself and will not
participate in this case as she was the presiding trial court judge. 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.
December 2, 2009 _________________________________________
d1124 Clerk