Order Michigan Supreme Court
Lansing, Michigan
December 7, 2005 Clifford W. Taylor,
Chief Justice
129035 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: 129035
COA: 252188
Oakland CC: 03-189882-FH
CHARLES WAYNE FRANCISCO,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 26, 2005
judgment of the Court of Appeals is considered, and we direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). The parties are directed to file supplemental briefs by January 5, 2006,
addressing: (1) whether People v McDaniel, 256 Mich App 165, 172-173 (2003), was
correct in deciding that OV 13 may be scored based on three or more felonies committed
in any five-year period even if that period does not include the date of the sentencing
offense, and (2) assuming OV 13 should not have been scored, is defendant automatically
entitled to resentencing because of the scoring error, or is resentencing unnecessary
because the minimum sentence imposed was "within the appropriate guidelines sentence
range" within the meaning of MCL 769.34(10).
We further order the Oakland Circuit Court to appoint the State Appellate
Defender Office to represent the defendant in 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.
December 7, 2005 _________________________________________
t1206 Clerk