Order Michigan Supreme Court
Lansing, Michigan
November 21, 2007 Clifford W. Taylor,
Chief Justice
133928 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellant, Stephen J. Markman,
Justices
v SC: 133928
COA: 267238
Livingston CC: 05-014970-FH
GARY STEVEN UPHAUS,
Defendant-Appellee.
_________________________________________/
By order of June 22, 2007, the application for leave to appeal the April 3, 2007
judgment of the Court of Appeals was held in abeyance pending the decisions in People v
Harper (Docket No. 130988) and People v Burns (Docket No. 131898). On order of the
Court, the cases having been decided on July 26, 2007, 479 Mich 599 (2007), the
application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting
leave to appeal, we REVERSE that portion of the judgment of the Court of Appeals
holding that Blakely v Washington, 542 US 296; 124 S Ct 2531; 159 L Ed 2d 403 (2004),
applies to a trial court’s factual determinations underlying a decision to depart from the
sentencing guidelines. People v Harper, 479 Mich 599 (2007). We REMAND this case
to the Court of Appeals to address the defendant’s remaining arguments. In all other
respects, leave to appeal is DENIED, because we are not persuaded that the remaining
questions presented should be reviewed by this Court.
We do not retain jurisdiction.
KELLY, J., would deny leave to appeal.
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 21, 2007 _________________________________________
p1114 Clerk