Opinion
SC 162589 COA: 347705
07-09-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JEFFREY TRAVIS TOENSFELDT, Defendant-Appellant.
Oscoda CC: 17-001523-FC.
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices.
ORDER
On order of the Court, the application for leave to appeal the October 15, 2020 judgment of the Court of Appeals is considered. We DIRECT the Oscoda County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The response shall be limited to: (1) whether the conduct giving rise to the instant case occurred before the entry of the defendant's 2016 conviction for possession of less than 25 grams of a controlled substance; (2) whether the circuit court erred by sentencing the defendant as a fourth-offense habitual offender, see MCL 769.12; (3) whether the circuit court erred in its scoring of Prior Record Variable 2, see MCL 777.52; and (4) whether the defendant is entitled to resentencing, see People v Francisco, 474 Mich. 82, 89-91 (2006).
The application for leave to appeal remains pending.