Order Michigan Supreme Court
Lansing, Michigan
September 16, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
139565 & (24)(25) Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 139565
COA: 293208
Genesee CC: 89-042246-FC
ROBERT LAMONTE WALKER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the August 26, 2009 order 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 Genessee Circuit Court’s July 22, 2009 order granting the defendant’s
motion for resentencing. An error in scoring the judicial guidelines does not provide a
basis for appellate relief. People v Raby, 456 Mich 487, 496 (1998). As such, the
defendant’s former appellate counsel was not ineffective and the defendant is not entitled
to be restentenced. The motion for stay is 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.
September 16, 2009 _________________________________________
d0916 Clerk