Order Michigan Supreme Court
Lansing, Michigan
March 18, 2009 Marilyn Kelly,
Chief Justice
137688 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: 137688
COA: 278047
Grand Traverse CC:
03-009349-FH
ROBERT E. BAILEY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 23, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE the Court of Appeals’ double jeopardy
analysis and REMAND this case to that court for reconsideration, under the five-factor
test recognized by this Court in People v Mezy, 453 Mich 269, 285 (1996), of the
defendant’s argument that his two convictions of conspiracy to deliver less than 50 grams
of cocaine violate double jeopardy principles. We note that People v Manning, 163 Mich
App 641 (1987), which the Court of Appeals cited in its judgment, is no longer
controlling to the extent it is inconsistent with Mezy, supra. In all other respects, the
application for leave to appeal is DENIED because we are not persuaded that the
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.
March 18, 2009 _________________________________________
s0311 Clerk