People of Michigan v. Lonnie James Arnold ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 20, 2020 Bridget M. McCormack,
Chief Justice
160046 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 160046
COA: 325407
Monroe CC: 13-040406-FH
LONNIE JAMES ARNOLD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 11, 2019 judgment
of the Court of Appeals is considered, and it is GRANTED. The parties shall include
among the issues to be briefed: (1) whether indecent exposure by a sexually delinquent
person is a distinct felony “enumerated” in the Michigan Penal Code and subject to the
sentencing guidelines, or whether the offense is subject to the sentencing guidelines
regardless because it is set forth in MCL 777.16q as a listed felony; (2) whether, when the
legislative sentencing guidelines provide for a penalty that is inconsistent with the penalty
provided in the Penal Code for an offense, the sentencing guidelines are an amendment or
repeal of inconsistent provisions of the Penal Code by implication such that the guidelines
control, and if so, whether this comports with Const 1963, art 4, § 25; and (3) whether the
rule of lenity is implicated, see People v Hall, 499 Mich. 446, 458 n 38 (2016).
The time allowed for oral argument shall be 20 minutes for each side. MCR
7.314(B)(1).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys
Association of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues 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.
March 20, 2020
p0317
Clerk