People v. Duley

Order Michigan Supreme Court Lansing, Michigan January 21, 2009 Marilyn Kelly, Chief Justice 137194 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: 137194 COA: 284737 Wayne CC: 04-011761-01 CARLOS DULEY, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the August 5, 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 28 days after the date of this order. The prosecutor shall pay particular attention to the defendant’s contention that Prior Record Variable 1, MCL 777.51, was misscored. 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. January 21, 2009 _________________________________________ p0114 Clerk