People of Michigan v. Jeffrey Travis Toensfeldt

Opinion

Order Michigan Supreme Court Lansing, Michigan

July 9, 2021 Bridget M. McCormack, Chief Justice

162589 Brian K. Zahra David F. Viviano

Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh

PEOPLE OF THE STATE OF MICHIGAN, Elizabeth M. Welch, Plaintiff-Appellee, Justices

v SC: 162589 COA: 347705 Oscoda CC: 17-001523-FC

JEFFREY TRAVIS TOENSFELDT, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 15, 2020 judgment of the Court of Appeals is considered. We DIRECT the Oscoda County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The response shall be limited to: (1) whether the conduct giving rise to the instant case occurred before the entry of the defendant’s 2016 conviction for possession of less than 25 grams of a controlled substance; (2) whether the circuit court erred by sentencing the defendant as a fourth-offense habitual offender, see MCL 769.12; (3) whether the circuit court erred in its scoring of Prior Record Variable 2, see MCL 777.52; and (4) whether the defendant is entitled to resentencing, see People v Francisco, 474 Mich 82, 89-91 (2006).

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.

July 9, 2021

t0706

Clerk