People of Michigan v. Suzanne Fay Lafountain

• Court: Michigan Supreme Court
• Decided: May 22, 2013
• Docket: 146496
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 22, 2013 Robert P. Young, Jr., Chief Justice

146496 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 146496 COA: 306858 Cheboygan CC: 10-004267-FH SUZANNE FAY LAFOUNTAIN, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 20, 2012 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the presence of a firearm in a room that was accessed by the defendant is sufficient to prove a charge under MCL 333.7401c for a violation that “involves the possession, placement or use of a firearm” if the defendant occupied another room where methamphetamine was manufactured within a residence owned and possessed by another; and (2) whether points may be assessed for prior record variable 7 (PRV 7), MCL 777.57, where the defendant was convicted by a jury of charges that were subsequently vacated by the trial court.

The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other 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, Corbin R. Davis, 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. May 22, 2013 _________________________________________ p0515 Clerk