People of Michigan v. Antonio Tony Gloster ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 30, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151048 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151048
COA: 316553
Wayne CC: 12-010845-FC
ANTONIO TONY GLOSTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 30, 2014
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 whether the defendant was properly assigned 15 points for offense variable
(OV) 10, MCL 777.40, for predatory conduct, and in particular, whether the scoring of
OV 10 was proper based on the defendant’s own conduct, or alternatively, based on the
conduct of the defendant’s accomplices. See MCL 767.39; cf. People v Hunt, 290 Mich
App 317, 325-326 (2010) (conviction not based on aiding and abetting), cited in People v
Hardy, 494 Mich. 430, 442 n 32 (2013). The parties should not submit mere restatements
of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issue presented in this case may move the Court for
permission to file briefs amicus curiae.
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 30, 2015
a1027
Clerk