Opinion
No. 125483 (53).
July 1, 2004.
SC: 125483, COA: 236858, Macomb CC: 00-003534-FH.
On order of the Court, the application for leave to appeal the December 30, 2003 judgment of the Court of Appeals is considered, and it is GRANTED. The parties are directed to include among the issues to be briefed: (1) whether the Court of Appeals properly construed the intent required for a conviction under MCL 750.145c(3); and (2) if so, whether there was sufficient evidence of intent arising from all of the evidence, including specifically (a) defendant's return of the computer to his employer, or (b) defendant's internet activity involving child pornography. The application for leave to appeal as cross-appellant is also considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.