Order Michigan Supreme Court
Lansing, Michigan
January 13, 2006 Clifford W. Taylor,
Chief Justice
129038 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: 129038
COA: 252516
Kent CC: 02-000104-FH
ANGEL HERNANDEZ-GARCIA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 10, 2005,
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues briefed the possible relevance of the mens rea
principle recognized in People v Tombs, 472 Mich 446, 454-459 (2005), to the claim that
MCL 750.227(2) should be interpreted to include a momentary innocent possession
defense.
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.
January 13, 2006 _________________________________________
t0110 Clerk