People v. Duddles

Order Michigan Supreme Court Lansing, Michigan December 9, 2005 Clifford W. Taylor, Chief Justice 128627 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: 128627 COA: 251824 Kalkaska CC: 01-002134-FH KEVIN RAY DUDDLES, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the March 10, 2005 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. KELLY J., dissents and states as follows: I would remand this case for resentencing. The judge departed from a guidelines maximum of 15 months and sentenced defendant to 15 years in prison. I believe that this is unreasonable under People v Babcock, 469 Mich 247 (2003). 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. December 9, 2005 _________________________________________ l1206 Clerk