Opinion
No. 124083.
July 30, 2004.
SC: 124083, COA: 238750, Oakland CC: 1999-167284-FC.
Defendant has filed motions for permission to file a supplemental brief discussing Blakely v. Washington, 524 U.S. ___; 124 S.Ct. ___; ___ L.Ed.2d ___ (2004), and for immediate consideration of that motion. Immediate consideration is GRANTED, and the motion is GRANTED. Given our resolution of the sentencing issues in this case, it is unnecessary to address whether due process requires that the prosecution prove the elements of a crime that someone else committed before a court can base a defendant's sentence on the actions of the other person. Further, in People v. Claypool, 470 Mich. ___ (2004), it was determined that Blakely is inapplicable to Michigan's indeterminate sentencing scheme.