Order Michigan Supreme Court
Lansing, Michigan
November 2, 2007 Clifford W. Taylor,
Chief Justice
132607 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: 132607
COA: 272497
Wayne CC: 05-007120-01
RACHEL GUTLERREZ,
Defendant-Appellant.
_________________________________________/
By order of March 26, 2007, the application for leave to appeal the October 10,
2006 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Johnston (Docket No. 130526). On order of the Court, the case having been
decided on June 15, 2007, 478 Mich 903 (2007), the application is again considered, and
it is DENIED, because we are not persuaded that the questions presented should be
reviewed by this Court.
MARKMAN, J., dissents and states as follows:
For the reasons stated in my dissenting statement in People v Villegas, __ Mich __
(Docket No. 129981, decided November 2, 2007), I would remand this case to the trial
court for resentencing.
KELLY, J., joins the statement of MARKMAN, J.
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 2, 2007 _________________________________________
p1030 Clerk