Opinion
SC 165229 COA 356052
05-30-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JEFFREY RICARDO WIMBERLY, Defendant-Appellant.
Calhoun CC: 2017-001453-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Court, the application for leave to appeal the November 22, 2022 judgment of the Court of Appeals is considered. We DIRECT the Calhoun County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In addition to the issues raised in the defendant's application, the prosecutor shall address: (1) whether the imposition of consecutive sentences in this case violates the Ex Post Facto Clauses of the United States and Michigan Constitutions, U.S. Const, art I, § 10, cl 1; Const 1963, art 1, § 10, because the criminal conduct preceded the amendment to MCL 750.520b that authorized consecutive sentences, see People v Porter, 495 Mich. 990 (2014); and (2) whether the Calhoun Circuit Court lacked subject-matter jurisdiction to conduct resentencing before the expiration of the defendant's deadline for applying for leave to appeal the November 24, 2020 judgment of the Court of Appeals, see People v Washington, 508 Mich. 107 (2021).
The application for leave to appeal remains pending.