Order Michigan Supreme Court
Lansing, Michigan
November 17, 2006 Clifford W. Taylor,
Chief Justice
131898 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: 131898
COA: 270886
Allegan CC: 02-012311-FH
JESSE GENE BURNS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 18, 2006 order
of the Court of Appeals is considered, and it is GRANTED. The parties shall include
among the issues to be briefed whether the intermediate sanction described in MCL
769.31(b) and MCL 769.34(4), which require the trial court to impose a sentence that
does not include prison, constitutes a statutory maximum sentence under Blakely v
Washington, 524 US 296 (2004), for which the departure reasons must be decided by a
jury or admitted by the defendant, where the defendant is being sentenced for a violation
of probation.
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues 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.
November 17, 2006 _________________________________________
p1114 Clerk