Order Michigan Supreme Court
Lansing, Michigan
June 9, 2006 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
129614 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 129614
COA: 260369
Kent CC: 99-004389-FC
WILLIAM JERMICHAEL CARTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 16, 2005
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). The parties are directed to file supplemental briefs within 42 days of the
date of this order addressing: (1) whether defendant is entitled to resentencing, and
(2) whether this Court's statement in People v Francisco, 474 Mich 82, 89, n 8 (2006),
that resentencing is not required where the trial court clearly indicates that it would have
imposed the same sentence regardless of the scoring error, applies to situations where the
trial court so concludes only after the original sentencing proceeding.
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.
June 9, 2006 _________________________________________
d0606 Clerk