People of Michigan v. Justin Timothy Comer

Order Michigan Supreme Court

Lansing, Michigan October 3, 2014 Robert P. Young, Jr.,

Chief Justice Michael F. Cavanagh Stephen J. Markman

148900 Mary Beth Kelly

Brian K. Zahra Bridget M. McCormack

David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices

Plaintiff-Appellee, v SC: 148900

COA: 318854 St Clair CC: 11-001804-FC JUSTIN TIMOTHY COMER,

Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the January 27, 2014 order of the Court of Appeals is considered. We DIRECT the St. Clair County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order.

The application for leave to appeal remains pending.

YOUNG, C.J. (concurring).

I concur in the decision to direct the prosecutor to respond to the application for leave to appeal and would further ask the prosecutor to address whether there is a temporal limit on the circuit court’s ability to correct an invalid judgment of sentence. See MCR 6.429(A).

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.

October 3, 2014 s0930

Clerk