People of Michigan v. Dennis Linc Holbrook ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
September 19, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149005 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 149005
COA: 319565
Berrien CC: 2011-005465-FH
DENNIS LINC HOLBROOK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 21, 2014
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration of whether the circuit court improperly imposed a fine, in light of our
decision in People v Cunningham, 496 Mich. 145 (2014), and if so, whether the circuit
court’s imposition of a $750 fine constitutes plain error affecting the defendant’s
substantial rights. Contrast People v Franklin, 491 Mich. 916 (2012), with Johnson v
United States, 520 U.S. 461, 467-468 (1997).
We direct the Court of Appeals’ attention to the fact that we have also remanded
People v Konopka (Docket No. 149047) to the Court of Appeals for consideration of
similar issues. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions 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.
September 19, 2014
s0916
Clerk