Opinion
No. 125169 (63).
July 30, 2004.
SC: 125169, COA: 241079, Wayne CC: 01-007012-01.
On order of the Court, the motion for reconsideration of this Court's order of July 1, 2004 is considered, and it is DENIED, because it does not appear that the order was entered erroneously.
In his motion for reconsideration, defendant claims that the recent United States Supreme Court decision Blakely v. Washington is applicable to Michigan's sentencing scheme. I would request full briefing and oral argument on the issue. It is jurisprudentially significant and affects this defendant as well as many others.
542 U.S. ___; 124 S Ct 2531; 159 L Ed 2d 403 (2004).
While a majority of this Court has already determined that Blakely is inapplicable, see People v. Claypool, it did so in a footnote in a case where the issue was neither raised nor briefed. Given the significance of the issue, it should have the benefit of full briefing and oral argument.
470 Mich 715 (2004).
Therefore, I would grant leave and direct the parties to address Blakely's applicability to Michigan's sentencing scheme in general and to this defendant's sentence in particular.