Opinion
No. 130295.
July 19, 2006.
Leave to Appeal Granted.
Leave to appeal is granted, limited to the issues: (1) whether a defendant must "keep or maintain" a vehicle used for the purpose of selling a controlled substance "continuously for an appreciable period of time" as required by People v Griffin, 235 Mich App 27, 32-33 (1999), in order to sustain a conviction under MCL 333.7405(1)(d); and (2) whether the evidence presented in this case was sufficient to sustain the defendant's conviction for keeping or maintaining a drug vehicle. We order that this case be argued and submitted to the Court together with the case of People v Thompson (Docket No. 130825), at such future session of the Court as both cases are ready for submission. The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the questions presented in this case may move the Court for permission to file briefs amicus curiae. We further order the Genesee Circuit Court, in accordance with Administrative Order No. 2003-3, to determine whether the defendant is indigent and, if so, to appoint attorney Patrick K. Ehlmann to represent the defendant in this Court. Court of Appeals No. 256475.