Opinion
SC 163338 (11) (12) (13) 163339 (10) (11) (12) COA 356981 COA 356982
10-08-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BRYAN MARSHALL WEST, Defendant-Appellant. PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BRYAN MARSHALL WEST, Defendant-Appellant.
Alcona CC: 17-002956-FH, Alcona CC: 17-002961-FH
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
On order of the Court, the motions for immediate consideration are GRANTED. The applications for leave to appeal the May 28, 2021 orders of the Court of Appeals are considered. We DIRECT the Alcona County Prosecuting Attorney to answer the applications for leave to appeal within 28 days after the date of this order. In particular, the prosecuting attorney shall address: (1) whether the defendant's conviction for failing to comply with the requirements of the Sex Offenders Registration Act, MCL 28.721 et seq., as amended by 2011 PA 17 and 18, violates the ex post facto principles discussed in People v Betts, __ Mich __ (July 27, 2021) (Docket No. 148981); (2) if so, whether the appropriate remedy is to simply vacate that conviction or to give the defendant the opportunity to withdraw from the entire plea agreement; and (3) if the conviction is vacated, whether the defendant is entitled to be resentenced on the remaining convictions.
The applications for leave to appeal, the motions to vacate sentence, and the motions to remand remain pending.