Opinion
No. 115833 and (46).
January 30, 2001.
COA: 211215, Roscommon CC: 96-003174-FH.
By order of June 20, 2000, this Court directed the prosecutor to answer the defendant's application for leave to appeal from the November 2, 1999, decision of the Court of Appeals. The answer having been filed, the application for leave to appeal is considered again, and it is GRANTED.
The issures are limited to the issues whether (1) the trial court erred in refusing to give the requested misdemeanor lesser included offense instruction, and (2) if so, whether the error was harmless. In addressing the harmless error issue, the parties shall discuss the applicability of People v Richardson, 409 Mich. 126 (1980) , People v Beach, 429 Mich. 450 (1988), People v Mosko, 441 Mich. 496 (1992), People v Lukity, 460 Mich. 484 (1999), People v Snyder, 462 Mich. 38 (2000), and People v Elston, 462 Mich. 751 (2000). The case is to be argued and submitted to the Court with Peopel v Silver, No. 117024. Court of Appeals No. 211215.