Order Michigan Supreme Court
Lansing, Michigan
October 31, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
131046 & (36) 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: 131046
COA: 265073
Oakland CC: 1994-136412-FC
FRANK C. RODRIGUEZ,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to amend is GRANTED. The application for
leave to appeal the April 11, 2006 order of the Court of Appeals is considered and,
pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case
to the Oakland Circuit Court to determine whether the changes to the defendant's
Presentence Investigation Report ordered by the circuit court at the defendant's December
12, 1997 sentencing hearing have been made and, if not, for the amendment of the report.
In all other respects, leave to appeal is DENIED, because the defendant has failed to meet
the burden of establishing entitlement to relief under MCR 6.508(D).
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.
October 31, 2006 _________________________________________
d1023 Clerk