People of Michigan v. Lonnie James Arnold

• Court: Michigan Supreme Court
• Decided: April 5, 2017
• Docket: 154764
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 5, 2017 Stephen J. Markman, Chief Justice

154764 Robert P. Young, Jr. Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen, Plaintiff-Appellant, Justices

v SC: 154764 COA: 325407 Monroe CC: 13-040406-FH LONNIE JAMES ARNOLD, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the April 12, 2016 and September 22, 2016 judgments of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether MCL 750.335a(2)(c) requires the mandatory imposition of “imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life” for a person who commits the offense of indecent exposure by a sexually delinquent person, or whether the sentencing court may impose a sentence within the applicable guidelines range, see MCL 777.16q; (2) whether the answer to this question is affected by this Court’s decision in People v Lockridge, 498 Mich 358 (2015), which rendered the sentencing guidelines advisory; and (3) whether People v Campbell, ___ Mich App ___ (2016) (Docket No. 324708), was correctly decided.

We further ORDER the Monroe Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint the State Appellate Defender Office to represent the defendant in this Court.

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

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 5, 2017 t0329 Clerk