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