Order Michigan Supreme Court
Lansing, Michigan
April 21, 2006 Clifford W. Taylor,
Chief Justice
130197 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: 130197
COA: 254767
Oakland CC: 2003-193007-FC
JOHN ANTHONY SPRATT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 3, 2005
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
KELLY, J., dissents and states as follows:
I would deny defendant’s application for leave to appeal. However, I would
vacate the armed robbery conviction on double jeopardy grounds and remand the case to
the trial court for correction of the judgment of sentence. Although defendant did not
raise a double jeopardy argument, his codefendant Jackson did raise the issue and the
Court of Appeals vacated Jackson’s armed robbery conviction. People v Jackson,
unpublished opinion per curiam of the Court of Appeals, issued October 11, 2005
(Docket No. 254768); lv den 474 Mich ___ (2006) (Docket No. 129991). In the interest
of consistency and equal justice, the same result should apply for defendant.
CAVANAGH, J., concurs in the statement of KELLY, J.
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.
April 21, 2006 _________________________________________
l0418 Clerk