Opinion
No. 142468.
April 25, 2011.
Order
SC: 142468, COA: 298473, Wayne CC: 08-006996-FH
On order of the Court, the application for leave to appeal the December 1, 2010 order of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall expressly state whether there was any evidence introduced at trial of the defendant's prior felony conviction(s) and identify such evidence, including citations to the September 5, 2008 waiver trial transcript.
HATHAWAY, J., not participating. Justice Hathaway recuses herself and will not participate in this case as she was the presiding trial court judge. See MCR 2.003(B).
ZAHRA, J., did not participate because he was on the Court of Appeals panel.