Opinion
SC 161589 COA 344603
01-14-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ROBERTO MARCELLO DUPREE, Defendant-Appellant.
Macomb CC: 2015-003884-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
By order of April 2, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the February 6, 2020 judgment 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 the application. MCR 7.305(H)(1).
We further ORDER the Macomb Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint attorney Gary D. Strauss, if feasible, to represent the defendant in this Court. If this appointment is not feasible, the trial court shall appoint other counsel to represent the defendant in this Court.
The appellant shall file a supplemental brief within 42 days of the date of the order appointing counsel or by March 28, 2022, whichever is later, addressing whether the defendant was properly assigned 15 points for Offense Variable (OV) 1 and 5 points for OV 2. The appellant's brief shall be filed by February 28, 2022, with no extensions except upon a showing of good cause. 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. 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.