People of Michigan v. Yumar Antonio Burks ( 2016 )

Order Michigan Supreme Court Lansing, Michigan January 22, 2016 Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra 150857 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 150857 COA: 314579 Ingham CC: 11-000565-FC YUMAR ANTONIO BURKS, Defendant-Appellant. _________________________________________/ On January 14, 2016, the Court heard oral argument on the application for leave to appeal the December 2, 2014 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.305(H)(1). In lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion holding that second- degree child abuse under MCL 750.136b(3)(b) is a necessarily included lesser offense of first-degree child abuse. The Court of Appeals did not need to reach this issue because that instruction was never requested in the trial court. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court. 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. January 22, 2016 s0119 Clerk