People of Michigan v. Damaceno Richard Abrego ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
November 25, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
152111 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellant, Justices
v SC: 152111
COA: 320973
Ionia CC: 2013-015796-FH
DAMACENO RICHARD ABREGO,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 11, 2015
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing whether the Court of Appeals erred in holding that, pursuant to People v
Spanke, 254 Mich App 642 (2003), Offense Variable 8, MCL 777.38, should not have
been scored in this case where the movement was “incidental” to the offense of operating
while intoxicated (second offense) with a passenger under 16. See also People v Hardy,
494 Mich 430, 442 (2013) (“[A]bsent an express prohibition, courts may consider
conduct inherent in a crime when scoring offense variables.”). The parties should not
submit mere restatements of their application papers.
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 issue 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.
November 25, 2015
d1118
Clerk