People of Michigan v. Todd David Sparks ( 2010 )

Order Michigan Supreme Court
Lansing, Michigan
October 20, 2010 Marilyn Kelly,
Chief Justice
141344 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141344
COA: 297511
Lenawee CC: 09-014103-FC
TODD DAVID SPARKS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 14, 2010 order
of the Court of Appeals is considered. We DIRECT the Lenawee County Prosecutor,
within 28 days after the date of this order, to answer the following questions: (1) where
the defendant entered a guilty plea in exchange for the trial court’s agreement to sentence
him within the guidelines pursuant to People v Cobbs, 443 Mich 276, 283 (1993), and the
court departed from the applicable guidelines range, is the defendant entitled to withdraw
his guilty plea or to resentencing within the applicable guidelines range; (2) because the
trial court agreed to sentence the defendant within the sentencing guidelines range, is the
defendant entitled to a remand for a determination of whether his sentencing guidelines
were accurately scored; and (3) were the defendant’s offense variables for his conviction
of felon in possession of a firearm inaccurately scored in light of the decision in People v
McGraw, 484 Mich 120 (2009)?
DAVIS, J., not participating. I recuse myself and am not participating because I
was on the Court of Appeals panel in this case. See MCR 2.003(B).
The application for leave to appeal remains pending.
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 20, 2010 _________________________________________
s1013 Clerk