People of Michigan v. Dwayne Edmund Wilson ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
November 17, 2016 Robert P. Young, Jr.,
Chief Justice
154039 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellant, Justices
v SC: 154039
COA: 324856
Macomb CC: 2009-002637-FC
DWAYNE EDMUND WILSON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 10, 2016
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether MCL 750.227b(1) of the felony-firearm statute requires two
prior convictions under this subsection to have arisen from separate criminal incidents in
order for a third conviction under the subsection to trigger the 10-year imprisonment
penalty; and, if not (2) whether this Court should overrule People v Stewart, 441 Mich. 89
(1992), which, in holding that the two prior convictions must have arisen from separate
criminal incidents, relied upon People v Preuss, 436 Mich. 714 (1990), the reasoning of
which was overruled by People v Gardner, 482 Mich. 41 (2008). The parties should not
submit mere restatements of their application papers.
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.
November 17, 2016
t1110
Clerk