People v. Farhat

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  March 8, 2006                                                                                          Clifford W. Taylor,
                                                                                                                 Chief Justice

  128313 & (15)                                                                                        Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
  PEOPLE OF THE STATE OF MICHIGAN,                                                                       Maura D. Corrigan
            Plaintiff-Appellee,                                                                        Robert P. Young, Jr.
                                                                                                       Stephen J. Markman,
                                                                                                                      Justices
  v                                                                 SC: 128313
                                                                    COA: 259544
                                                                    Oakland CC: 03-190499-FC
  JOSEPH ANISE FARHAT,
            Defendant-Appellant.

  _________________________________________/

         By order of November 9, 2005, the prosecuting attorney was directed to answer
  the defendant’s application for leave to appeal. On order of the Court, the brief having
  been filed, the application for leave to appeal is again 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, in light of the prosecution’s concession of error, to amend the judgment of
  sentence to reflect that defendant was not convicted as a habitual offender and that he
  was convicted of only one, not two, counts of armed robbery. In all other respects the
  application is DENIED, because we are not persuaded that the remaining questions
  presented should be reviewed by this Court.

        We do not retain jurisdiction.

        KELLY, J., would hold this case in abeyance for People v Drohan, lv gtd 472 Mich
  881 (2005).




                           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.
                           March 8, 2006                       _________________________________________
         s0301                                                                 Clerk