Order Michigan Supreme Court
Lansing, Michigan
September 12, 2007 Clifford W. Taylor,
Chief Justice
133531 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: 133531
COA: 265713
Genesee CC: 05-016744-FH
LAMONT ALLEN STINNETT,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 6, 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 the judgments of the Court of Appeals
and the Genesee Circuit Court and we REMAND this case to the Genesee Circuit Court
for further proceedings consistent with this order. The Court of Appeals committed plain
error by finding that this Court’s decision in People v Williams, 475 Mich 245 (2006), did
not apply to this case. The prosecutor’s appeal raised and preserved the question whether
the trial court erred by finding a violation of MCL 780.131(1) and dismissing the
information with prejudice. In light of the record and the Court of Appeals conclusion
that “it is not clear when, or even if, the [D]epartment of [C]orrections provided to the
prosecutor ‘written notice of the placement of imprisonment of the inmate and a request
for final disposition of the [criminal charge]’ as envisioned by MCL 780.131(1)”,
defendant did not establish on the existing record that the Department of Corrections
caused to be delivered by certified mail to the prosecuting attorney the written notice,
request, and statement as required by MCL 780.131(1). See People v Holt, 478 Mich
851 (2007). On remand, the Genesee Circuit Court is DIRECTED to conduct an
evidentiary hearing to determine if and when the Department of Corrections caused to be
delivered by certified mail to the prosecuting attorney the written notice, request, and
statement required by MCL 780.131(1).
We do not retain jurisdiction.
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 12, 2007 _________________________________________
s0905 Clerk