People of Michigan v. Charlie Lee Floyd

• Court: Michigan Supreme Court
• Decided: November 2, 2011
• Docket: 142617
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 2, 2011 Robert P. Young, Jr., Chief Justice

142617-8 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 142617-8 COA: 286550; 293650 Macomb CC: 2005-001604-FC CHARLIE LEE FLOYD, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the December 28, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting appeal, we VACATE that part of our order in this case dated June 27, 2008, 431 Mich 938-939, which found a violation of People v Tanner, 387 Mich 683 (1973). The decision in Tanner, supra, does not apply to sentences where the statutory maximum is “life or any term of years.” See People v Powe, 469 Mich 1032 (2004); People v Drohan, 475 Mich 140, 162 n 14 (2006); People v Harper, 479 Mich 599, 617 n 31 (2007), and People v Washington, 489 Mich 871 (2011). We therefore VACATE that part of the judgment of the Court of Appeals that remanded for resentencing based on a violation of Tanner. In all other respects, leave to appeal is DENIED because we are not persuaded that the remaining questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 2, 2011 _________________________________________ t1026 Clerk