Opinion
SC: 162908 COA: 344242
09-10-2021
Order
On order of the Court, the application for leave to appeal the February 25, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing whether the trial court's scoring of Offense Variable 1 at 15 points for pointing a firearm at the victim or touching the victim with a firearm was improper in light of the jury verdict acquitting the appellant of felon-in-possession and felony-firearm charges. See People v. Beck , 504 Mich. 605, 939 N.W.2d 213 (2019). The appellant's brief shall be filed by December 20, 2021, 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.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.