Summary
In People v Ames, 501 Mich. 1026 (2018), our Supreme Court ordered oral argument on the application to consider if leave should be granted to determine whether Lockridge invalidated MCL 769.34(10).
Summary of this case from People v. Cortes-LloydOpinion
SC: 156077 COA: 337848
03-21-2018
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Ross AMES, Defendant-Appellant.
Order
By order of November 22, 2017, the prosecuting attorney was directed to answer the application for leave to appeal the May 12, 2017 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether MCL 769.34(10) has been rendered invalid by this Court’s decision in People v. Lockridge , 498 Mich. 358, 870 N.W.2d 502 (2015), to the extent that the statute requires the Court of Appeals to affirm sentences that fall within the applicable guidelines range "absent an error in scoring the sentencing guidelines or inaccurate information relied upon in determining the defendant’s sentence." See People v. Schrauben , 314 Mich.App. 181, 196, 886 N.W.2d 173 (2016). In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.