Order Michigan Supreme Court
Lansing, Michigan
October 3, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133446 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellant,
v SC: 133446
COA: 265911
Wayne CC: 05-007345-01
DORAILONTIE MARTEL STRAWTHER,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 13, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals. The Court of Appeals erred in concluding that the defendant’s convictions for
both assault with intent to commit great bodily harm (MCL 750.84) and felonious assault
(MCL 750.82) violated his double jeopardy protections. Because the crimes have
different elements, the defendant may be punished for each. People v Smith, 478 Mich
292 (2007). Due to the prosecutor’s confession of error regarding the scoring of PRV 7
in the Court of Appeals, the defendant remains entitled to resentencing. Accordingly, we
REMAND this case to the Wayne Circuit Court for resentencing.
CAVANAGH, 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.
October 3, 2007 _________________________________________
d0926 Clerk