Order Michigan Supreme Court
Lansing, Michigan
April 3, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138082 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 138082
COA: 286191
Wayne CC: 92-010016;
DWIGHT ERVIN ANDREWS, 92-010017
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 21, 2008
order of the Court of Appeals is considered. We DIRECT the Wayne County
Prosecuting Attorney to answer the application for leave to appeal within 21 days after
the date of this order. The prosecutor shall specifically address whether the Wayne
Circuit Court had the authority to vacate its own prior unappealed order discharging the
defendant’s sentence in Case No. 92-010016 based on communications with the
Michigan Department of Corrections.
The application for leave to appeal remains pending.
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 3, 2009 _________________________________________
d0331 Clerk