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