Order Michigan Supreme Court
Lansing, Michigan
March 8, 2006 Clifford W. Taylor,
Chief Justice
128721 & (44) 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: 128721
COA: 252307
Wayne CC: 03-005243-01
DARRYL GEORGE FELDER,
Defendant-Appellant.
_________________________________________/
By order of December 27, 2005, the prosecuting attorney was directed to answer
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 REVERSE that part of the April 19,
2005 judgment of the Court of Appeals that affirmed the felony-firearm second offense
enhancement, in light of the prosecutor’s concession that the factual support the trial
court relied upon for defendant’s sentence enhancement in this case was inaccurate, and
that defendant has not been previously convicted of felony-firearm. This case is
REMANDED to the Wayne Circuit Court for resentencing. In all other respects the
application is DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court.
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