People of Michigan v. Chandra Valencia Smith-Anthony ( 2012 )


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  • Order                                                                                        Michigan Supreme Court
    Lansing, Michigan
    October 31, 2012                                                                                     Robert P. Young, Jr.,
    Chief Justice
    Michael F. Cavanagh
    Marilyn Kelly
    145371                                                                                               Stephen J. Markman
    Diane M. Hathaway
    Mary Beth Kelly
    Brian K. Zahra,
    PEOPLE OF THE STATE OF MICHIGAN,                                                                                    Justices
    Plaintiff-Appellant,
    v                                                                 SC: 145371
    COA: 300480
    Oakland CC: 2010-232465-FH
    CHANDRA VALENCIA SMITH-ANTHONY,
    Defendant-Appellee.
    _________________________________________/
    On order of the Court, the application for leave to appeal the May 3, 2012
    judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
    include among the issues to be briefed: (1) whether the evidence was sufficient to prove
    beyond a reasonable doubt that the crime of larceny from a person, MCL 750.357, was
    committed within the “immediate area of control or immediate presence” of the loss
    prevention officer who witnessed the theft; (2) whether the 2004 amendment of the
    robbery statute, 
    2004 PA 128
     (amending MCL 750.530), altered the definition of
    “presence” with respect to the larceny from a person statute; and, if not (3) whether the
    common-law definition of the phrase “from the person” remains consistent with the
    common-law definition of “presence.”
    The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
    Association 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.
    October 31, 2012                    _________________________________________
    s1024                                                               Clerk
    

Document Info

Docket Number: 145371

Filed Date: 10/31/2012

Precedential Status: Precedential

Modified Date: 10/30/2014