Order Michigan Supreme Court
Lansing, Michigan
April 17, 2009 Marilyn Kelly,
Chief Justice
137024 & (17) 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: 137024
COA: 285582
Allegan CC: 07-015202-FH
MICHAEL JAY EDING,
Defendant-Appellant.
_________________________________________/
By order of December 10, 2008, the prosecuting attorney was directed to answer
the application for leave to appeal the June 17, 2008 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered, and it is DENIED, because we are not persuaded that the questions
presented should be reviewed by this Court.
KELLY, C.J. (dissenting).
I would vacate defendant’s sentence and remand the case to the trial court for
resentencing because OV 10 of the sentencing guidelines was misscored. Nothing in the
record shows that defendant engaged in preoffense conduct aimed at victimizing another
person, as MCL 777.40(3)(a) requires to support the score that the trial court gave for OV
10. Because the prosecutor appears to have conceded the scoring error, defendant is
entitled to resentencing. People v Francisco, 474 Mich 82 (2006).
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.
April 17, 2009 _________________________________________
p0414 Clerk