People of Michigan v. Terence Darryle Jenkins

• Court: Michigan Supreme Court
• Decided: October 25, 2013
• Docket: 147230
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 25, 2013 Robert P. Young, Jr., Chief Justice

147230 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: 147230 COA: 312664 Oakland CC: 2011-235676-FH TERENCE DARRYLE JENKINS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the May 9, 2013 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, J. For the reasons set forth in my separate dissenting statement in People v Alexander, 494 Mich 876, 878-879 (2013), I would remand this case to the trial court and require that court to articulate reasons explaining and justifying its specific upward departure from the sentencing guideline range in this case in accordance with People v Smith, 482 Mich 292 (2008).

MCCORMACK, J., joins the statement of MARKMAN, J.

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 25, 2013 h1022 Clerk