People v. Hulbert

Order Michigan Supreme Court Lansing, Michigan November 29, 2007 Clifford W. Taylor, Chief Justice 134834 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices v SC: 134834 COA: 276435 Livingston CC: 03-013676-FH EDWARD FRANKLIN HULBERT, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the June 1, 2007 order of the Court of Appeals is considered. We DIRECT the Livingston County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address the issues: (1) whether the trial court ever revoked the original probation sentence; (2) whether the sentence imposed was a continuation, modification or expansion of the original probation sentence, see MCL 771.4 and MCR 6.445(G); and (3) if probation was never revoked, whether a continuation of a probation sentence, which was never appealed, is a departure sentence requiring the articulation of substantial and compelling reasons on the record pursuant to People v Babcock, 469 Mich 247 (2003). See People v Hendrick, 472 Mich 555 (2005). 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. November 29, 2007 _________________________________________ l1119 Clerk