Order Michigan Supreme Court
Lansing, Michigan
June 23, 2009 Marilyn Kelly,
Chief Justice
136956 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 136956
COA: 278189
St. Joseph CC: 06-013718-FC
LARRY EUGENE WILCOX,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 5, 2008
judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issue
whether the legislative sentencing guidelines, MCL 777.1 et seq., applied to the
defendant’s sentence and, if so, whether the defendant is entitled to be resentenced. The
parties may wish to compare the result in this case with the result in People v Walton,
unpublished opinion per curiam of the Court of Appeals, issued June 3, 2008 (Docket
No. 276161).
We further ORDER the St. Joseph Circuit Court, in accordance with
Administrative Order 2003-03, to determine whether the defendant is indigent and, if so,
to appoint counsel to represent the defendant in this Court.
KELLY, C.J., would also grant leave to appeal with respect to the defendant’s
challenge to the constitutionality of MCL 768.27a, for the reasons set forth in her
dissenting statement in People v Xiong, 483 Mich ___ (Docket No. 135158, order entered
April 17, 2009).
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.
June 23, 2009 _________________________________________
p0616 Clerk