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