People of Michigan v. Christopher Lee Bennett

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 22, 2014 Robert P. Young, Jr., Chief Justice

149264 Michael F. Cavanagh Stephen J. Markman

Mary Beth Kelly Brian K. Zahra

Bridget M. McCormack

PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 149264 COA: 320306 Oakland CC: 2013-246422-FC CHRISTOPHER LEE BENNETT, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the March 19, 2014 order of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to respond to the application for leave to appeal within 28 days after the date of this order. The prosecutor shall address whether the defendant was properly assessed 25 points for offense variable (OV) 13 in light of MCL 777.18 and People v Bonilla- Machado, 489 Mich 412 (2011) (conspiracy offenses are “crimes against public safety” rather than “crimes against a person” under MCL 777.1 et seq.) and, if so, whether he is entitled to resentencing.

The application for leave to appeal remains pending.

I, Larry S. Royster, 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.

October 22, 2014

h1015

Clerk