Order Michigan Supreme Court
Lansing, Michigan
September 14, 2007 Clifford W. Taylor,
Chief Justice
133474 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: 133474
COA: 263392
Allegan CC: 04-013744-FC
DENNIS MERVYN SARGENT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 25, 2007
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether the analysis of OV 6 scoring under the former judicial sentencing
guidelines, set forth in People v Chesebro, 206 Mich App 468 (1994), should be applied
to OV 9 scoring under the current legislative sentencing guidelines, MCL 777.39.
We further ORDER the Allegan Circuit Court, in accordance with Administrative
Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in this Court.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issue presented in this case may move the Court for
permission to file briefs amicus curiae.
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 14, 2007 _________________________________________
d0911 Clerk