People of Michigan v. Michael Edward Reese

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 30, 2019 Bridget M. McCormack, Chief Justice

David F. Viviano, Chief Justice Pro Tem

159791 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: 159791 COA: 348186 Allegan CC: 17-021004-FC

MICHAEL EDWARD REESE, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the May 1, 2019 order of the Court of Appeals is considered. We DIRECT the Allegan County Prosecuting Attorney to file a response to the application for leave to appeal within 28 days after the date of this order. The response shall be limited to whether the trial court erred pursuant to the rule of People v Tanner, 387 Mich 683, 690 (1972), and MCL 769.34(2)(b), by imposing a 200-month minimum sentence when the applicable maximum sentence for third-degree criminal sexual conduct by a second-offense habitual offender is 270 months. See MCL 750.520d(2) and MCL 769.10(1)(a).

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.

December 30, 2019

s1226

Clerk