Order Michigan Supreme Court
Lansing, Michigan
September 26, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133632 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 133632
COA: 275598
Berrien CC: 2006-400863-FC
MAURICE ALAN VADEN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 15, 2007
order of the Court of Appeals is considered. We DIRECT the Berrien County
Prosecuting Attorney to answer the defendant’s application for leave to appeal within 28
days after the date of this order. The prosecutor shall pay particular attention to the
defendant’s contention that his guilty plea was illusory because, contrary to the
stipulation of trial counsel and the prosecutor, there are sentencing guidelines that apply
to a conviction of conducting a criminal enterprise, MCL 750.159i(1), MCL 750.159j;
MCL 777.16i. The prosecutor shall also address whether the defendant is entitled to
resentencing in light of People v Melton, 271 Mich App 590, 595 (2006).
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.
September 26, 2007 _________________________________________
d0919 Clerk