Order Michigan Supreme Court
Lansing, Michigan
September 28, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138287 & (16) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 138287
COA: 288843
Berrien CC: 2005-402293-FJ
CECIL D. HUSTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add issues is GRANTED. The application for
leave to appeal the December 9, 2008 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 Court of Appeals for consideration as on leave granted of the challenge to the
scoring of Offense Variable 10, MCL 777.40, in light of People v Cannon, 481 Mich 152
(2008). 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.
We do not retain jurisdiction.
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 28, 2009 _________________________________________
d0921 Clerk