People of Michigan v. Kevin White Jr

• Court: Michigan Supreme Court
• Decided: April 17, 2020
• Docket: 160676
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 17, 2020 Bridget M. McCormack, Chief Justice

David F. Viviano, Chief Justice Pro Tem 160676 Stephen J. Markman Brian K. Zahra Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement Plaintiff-Appellee, Megan K. Cavanagh, Justices

v SC: 160676 COA: 346661 Livingston CC: 18-025036-FH KEVIN WHITE, JR., Defendant-Appellant.

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On order of the Court, the application for leave to appeal the September 12, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for consideration of the issues raised by the prosecutor, but not addressed by that court in its initial review of this case. Contrary to the determinations of the trial court and the Court of Appeals, there is no record evidence that the defendant knew that the person to whom he delivered the controlled substance had moved from Macomb County to Livingston County and that the controlled substance would be consumed in Livingston County. Thus, the record does not support the Court of Appeals’ holding that the defendant intended the felony or acts done in perpetration of felony to have an effect in Livingston County. See MCL 762.8; People v McBurrows, 504 Mich 308 (2019).

We do not retain jurisdiction.

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. April 17, 2020 s0414 Clerk