People of Michigan v. Joseph Rivers

• Court: Michigan Supreme Court
• Decided: October 28, 2013
• Docket: 147376
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 28, 2013 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Stephen J. Markman 147376 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 147376 COA: 308871 Wayne CC: 11-008251-FH JOSEPH RIVERS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the May 23, 2013 judgment of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to file a supplemental brief, addressing the unpreserved issue raised by the defendant in his application for leave to appeal in which he asserts that he was not subject to sentence enhancement on the charge of possession of a firearm during the commission of a felony, second offense, MCL 750.227b(1), because he was not previously convicted of felony-firearm. The prosecuting attorney’s supplemental brief shall be filed within 28 days after the date of this order.

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 28, 2013 s1021 Clerk