People of Michigan v. Jackie Lamont Thompson ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
September 24, 2014 Robert P. Young, Jr.,
Chief Justice
148364 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Bridget M. McCormack
Plaintiff-Appellee, David F. Viviano,
Justices
v SC: 148364
COA: 318128
Clinton CC: 13-009068-FC
JACKIE LAMONT THOMPSON,
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the December 3, 2013
order of the Court of Appeals is considered. We DIRECT the Clinton County
Prosecuting Attorney to answer the application for leave to appeal within 28 days after
the date of this order. The prosecutor shall include among the issues briefed: (1) whether
the scoring of Offense Variable 7 in this case requires evidence of aggravated physical
abuse with reference only to the sentencing offense, and what evidence may support the
scoring, MCL 777.37; People v McGraw, 484 Mich. 120 (2009); and (2) whether the
sentencing offense must involve a sexual penetration against a person less than 13 years
of age in order to establish a pattern of criminal behavior for assessing 50 points for
Offense Variable 13 under MCL 777.43(1)(a).
The application for leave to appeal remains pending.
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 24, 2014
p0917
Clerk