Case Information

*1 Order Michigan Supreme Court

Lansing, Michigan November 16, 2017 Stephen J. Markman,

Chief Justice Brian K. Zahra Bridget M. McCormack 155904 David F. Viviano

Richard H. Bernstein Kurtis T. Wilder, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 155904

COA: 337241 Chippewa CC: 15-001758-FC GEORGE THOMAS KLUKOWSKI,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 13, 2017 order of the Court of Appeals is considered. We DIRECT the Chippewa County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor shall specifically address: (1) whether the CSC I offense arose “from the same transaction” as one or both of the other two offenses for which the defendant was convicted, MCL 750.520b(3); and, if so (2) whether the imposition of a consecutive sentence in this case for first-degree criminal sexual conduct violates either of the Ex Post Facto Clauses of the United States and Michigan Constitutions, US Const, art I, § 10, cl 1; Const 1963, art 1, § 10, where the statute authorizing a consecutive sentence, MCL 750.520b(3), did not exist when either the first-degree or second-degree criminal sexual conduct offenses were committed.

The application for leave to appeal remains pending.

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 16, 2017

d1115 Clerk