state of michigan in the michigan supreme court … · i, penny c. freelon, official court reporter...

STATE OF MICHIGAN

IN THE MICHIGAN SUPREME COURT

______________________________________

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

vs Michigan Supreme Court No. 158716

GARY GILMORE,

Defendant-Appellant. ______________________________________

Court of Appeals No. 334205

Circuit Court No. 16-003006-01-FH

______________________________________

On Appeal from the Court of Appeals

M.J. Kelly, P.J., and Markey and Fort Hood, JJ.

PLAINTIFF-APPELLEE’S APPENDIX

KYM WORTHY

Prosecuting Attorney

County of Wayne

JASON W. WILLIAMS

Chief of Research, Training,

and Appeals

AMANDA MORRIS SMITH (P73127)

Assistant Prosecuting Attorney

1441 St. Antoine, 11th

Floor

Detroit, Michigan 48226

(313) 224-5787

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INDEX OF APPENDICES

April 15, 2016 Arraignment Transcript

1b-7b

Third Circuit Court Register of Actions for

case no. 16-003006-01-FH

8b-13b

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THE STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

CRIMINAL DIVISION

THE PEOPLE OF THE STATE OF MICHIGAN,

-vs- Case No. 16-003006 01

GARY GILMORE,

Defendant.

_______________________ /

ARRAIGNMENT HEARING

BEFORE THE HONORABLE MARGIE R. BRAXTON, CIRCUIT COURT JUDGE

Detroit, Michigan, Friday, April 15, 2016

APPEARANCES:

For the People: ANGELA TRIPI P-(Not Listed) 1441 St. Antoine Street

Detroit, MI. 48226 (313) 224-5777

For the Defendant: JAMES A. PARKER P-53832613 Abbott Street Detroit, MI. 48226 (313) 967-5555

Recorded/Transcribed by: Ms. Penny C. Freelon/CSMR 6240

AOI transcript, 04-15-2016 1bRE

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TABLE OF CONTENTS

WITNESS: PAGE

NONE.

EXHIBIT:

NONE.


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Detroit, Michigan 1

Friday, April 15, 2016, at 10:40 a.m. 2

THE CLERK: This is the People of the State of Michigan -v- Gary 3

Gilmore. 4

This matter is before the Court for Arraigned on the Information. 5

MS. TRIPI: Angela Tripi, representing the People, Your, Honor. 6

THE COURT: Yes, Ma’am. 7

MR. PARKER: Good morning. 8

THE COURT: Good morning. 9

MR. PARKER: James Parker, on behalf of Mr. Gilmore. 10

THE COURT: Good morning to you, and your client. 11

Today is the date and time set for an Arraignment, Mr. Parker. 12

MR. PARKER: Your, Honor. 13

THE COURT: Yes, Sir. 14

MR. PARKER: We’d waive the formal reading. 15

We stand mute to the charges. 16

THE COURT: The Court will enter a plea of not guilty on your 17

client’s behalf. 18

MR. PARKER: Your, Honor. 19

THE COURT: What do you want to do with this case, Mr. Parker? 20

MR. PARKER: Your, Honor, I would like to put it up for a Docket 21

Conference on this particular matter. 22

THE COURT: All right. 23

MR. PARKER: It is uh - - 24

THE COURT: The bind over date is the 8th of April. 25

AOI transcript, 04-15-2016 3b

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How much time do you need, Mr. Parker? 1

MR. PARKER: Could we have the maximum on this, Your, Honor? 2

THE COURT: Is he in? 3

MR. PARKER: He is in. 4

THE COURT: Are you addressing the issue of bond? 5

MR. PARKER: I - - 6

THE COURT: Okay. 7

Go ahead. 8

MR. PARKER: We do have a Pre-Sentence Report. 9


MR. PARKER: A Pre-Trial Services Report. 11

I didn’t know we had one. 12

THE COURT: I didn’t either. 13

MR. PARKER: So, we will give it to you. 14

THE COURT: Madame Prosecutor, have you seen it as well? 15

MS. TRIPI: I just glanced at it. 16

THE COURT: Does that mean yes? 17

MS. TRIPI: Yes, Your, Honor. 18

THE COURT: What do you want to say about this? 19

MR. PARKER: Your, Honor, uh, my client is requesting a Bond 20

Hearing, obviously. 21

The Pre-Trial Services does discuss some of his pluses and 22

minuses. At the very end, it does recommend that his bond be reduced. We are 23

asking that you follow the Pre-Trial Services Report. 24



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MR. PARKER: It does recommend that it is a GPS tether. 1


MR. PARKER: I have no problems with that. 3

It is a Retail Fraud case. I know they charged other crimes with it. 4

THE COURT: Anything further, Madame Prosecutor? 5

MS. TRIPI: Yes, Your, Honor. 6

Considerations for this case is a fairly substantial restitution that is 7

owed to Home Depot, for approximately 52 transactions that have occurred at 8

different locations, through the fraud and retail organized crime. 9

He has an extensive history; but the People agree with the Pre-10

Sentence Investigation Report, as long as there is a GPS tether, with some sort 11

of accountability. 12


We will give him - - we will adopt the recommendation of the Pre-14

Trial Services . . . strike that for a moment. He has a lot of matters from 36th 15

where he has failed to appear. 16

Mr. Parker, I am going to deny that. 17

MR. PARKER: All right, Your, Honor. 18

MS. TRIPI: Thank you, Your, Honor. 19

THE COURT: So, we will give him a date. 20

MR. PARKER: Please. 21

THE COURT: Do you need all of the time, because he is in jail? 22

MR. PARKER: Well, they do have a number of videos, and that 23

type of thing. 24

THE COURT: Oh, I see. 25


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MR. PARKER: Okay. 1

What date - - what is the maximum date we could go out to? 2

THE COURT: Well, because he is in, I wouldn’t like to go over 10-3

days. 4

MR. PARKER: The 10-days. 5

Okay, well, uh, just set it over for uh, a week or - - 6

THE COURT: I would like a week from Monday. 7

MR. PARKER: A week from Monday would be fine. 8

THE COURT: Do you want the 25th? 9

MR. PARKER: That would be fine. 10


April 25th. 12

13

(Court proceedings concluded at 10:43 a.m.) 14

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CERTIFICATION OF COURT REPORTER

STATE OF MICHIGAN)

COUNTY OF WAYNE)

I, Penny C. Freelon, Official Court Reporter for the Third Circuit Court in the

County of Wayne-Criminal Division, State of Michigan, do hereby certify this transcript.

It consists of seven – pages. The transcript is a complete, true, and correct account of

the proceedings, and testimony taken in this case on Friday, April 15, 2016, before the

Honorable Margie R. Braxton.

August 11, 2016 Ms. Penny C. Freelon /#6240

Dated Signature

Ms. Penny C. Freelon/CSMR

1441 St. Antoine Street

Detroit, Michigan, 48226

(313) 224-2231

Ms. Penny C. Freelon


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State of Michigan v Gary Gilmore

THIRD JUDICIAL CIRCUIT OF MICHIGAN

REGISTER OF ACTIONS CASE No. 16-003006-01-FH

§ Location: § Judicial Officer: § Filed on: § Case Number History: § Case Tracking Number: § CRISNET/Incident No.: § Transaction Control § Number:

CASE INFORMATION

Criminal Division Callahan, James A. 04/08/2016

16705863-01 16705863-01 16-2247 E4-16082007P

Offense I. ORGANIZED RET AlL CRIME

Statute 7521084

Deg Date Case Type: Noncapital Felonies 03/22/2016

Arrest: 03/22/2016 PLD35 - Plymouth Police 2. Computers - Using to Commit a Crime - 7527973D

Maximumimprisonment of 4 Years or More But

Arrest: 03/22/2016 PLD35 - Plymouth Police 3. Financial Transaction Device - Possession 750157P

Arrest: 03/22/2016 PLD35 - Plymouth Police 4. Financial Transaction Device -uttering and 750248A

Publishing Arrest: 03/22/2016 PLD3 5 - Plymouth Police

5. Stolen Property - Receiving and 7505354A Concealing$200 00 or More But Less Than $1,000 0

Arrest: 03/22/2016

Statistical Closures 05/18/2016 Guilty Plea

PLD35 - Plymouth Police

03/22/2016

03/22/2016

03/22/2016

03/22/2016

PARTY INFORMATION

Plaintiff

Defendant

Appellate Attorney

DATE

03/24/2016

03/24/2016

State of Michigan

Gilmore, Gary Black Male

Blaney, Mary Ellen Removed: 10/10/2017 Removed

Haradhvala, Adil N. Removed: 07/19/2017 Removed

Helton, Steven Daniel Removed: 06/04/2018 Removed

Office, Appellate Defenders

EVENTS & ORDERS OF THE COURT

Arraignment on Warrant (Judicial Officer: Lowe, Ronald W) Resource: Court Rpt/Rec OCR Reporter, Out County

Defendant Stands Mute; Plea Of Not Guilty Entered By Court

Plea (Judicial Officer: Lowe, Ronald W) I. ORGANIZED RETAIL CRIME

PAGE I OF 6

Case Status: 06/15/2016 Final

Case Flags: Habitual Offender Restitution Case has PDF Electronic Transcripts Case has PDF PE Electronic Transcripts

Lead Attorneys Glynne, Micheal Sean

(313) 224-5742(W)

Defenders, Legal Aid and Court Appointed

INDEX

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03/24/2016

03/24/2016

03/24/2016

03/24/2016

04/08/2016



Defendant Stand Mute: Plea of Not Guilty Entered by Court

2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But


3. Financial Transaction Device - Possession Defendant Stand Mute: Plea of Not Guilty Entered by Court

4. Financial Transaction Device -uttering and Publishing


5. Stolen Property - Receiving and Concealing$200 00 or More But Less Than $1,000 0


Recommendation for Warrant

Habitual Offender

Warrant Signed

Interim Condition for Gilmore, Gary (Judicial Officer: Lowe, Ronald W) - IO% or Cash or Surety

$100,000.00

Preliminary Examination (Judicial Officer: Gerou, Michael) Resource : Court Rpt/Rec CRKJl76 Jasin, Kay

Waived/Bound Over

04/08/2016 Bond Continued

04/08/2016 llij;'! I~ Bind over Packet

04/08/2016 Bound Over

04/08/2016

04/15/2016

04/15/2016

Added by Document Sharing

Refer To Pre-Trial Services For a Bond Review DUE DATE SID# BOND TYPE: BOND AMOUNT:$

Arraignment On Information (Judicial Officer: Braxton, Margie R.) Resource: Court Rpt/Rec 6240 Freelon, Penny

Resource: Courtroom Clerk C5922 Body, Emma

Held

AOI Plea Defendant Stand Mute: Plea of Not Guilty Entered by Court

04/ 15/2016 Bond

04/15/2016

04/25/2016

04/29/2016

Motion to Reduce Bond/Denied;

Interim Condition for Gilmore, Gary (Judicial Offi cer: Braxton, Margie R.) - Remand

Disposition Conference (.Judicial Officer: Braxton, Margie R.) Resource : Court Rpt/Rec 6240 Freelon, Penny

Resource : Courtroom Clerk C5922 Body, Emma

Held

Calendar Conference (.Judicial Officer: Callahan, James A. ) Resource : Court Rpt/Rec 4870 Roberts, Theresa

Resource: Courtroom Clerk C594 I Lamar, Irene

f-!efd

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THIRD JUDICIAL CIRCUIT OF MICIIIGAN


04/29/2016 Motion For Discovery Filed

04/29/2016 Interim Condition for Gilmore, Gary (Judicial Officer: Callahan, James A.) - Remand

05/18/2016 Final Conference (Judicial Officer: Callahan, James A.)

05/18/2016

05/18/2016

05/18/2016

05/18/2016

05/18/2016

06/13/2016

06/15/2016

06/15/2016

06/15/2016

06/15/2016

06/15/2016

Resource: Court Rpt/Rec 1374 Kahn, Audrey

Resource: Courtroom Clerk C5941 Lamar, Irene

Plea Entered and Accepted

Order For DNA Sample - Signed and Filed

Refer to Probation For Pre-Sentence Report

Plea of Guilty Accepted

Disposition (Judicial Officer: Callahan, James A.) 1. ORGANIZED RETAIL CRIME

Pied Guilty

2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But

Pied Guilty

3. Financial Transaction Device - Possession

Dismissed 4. Financial Transaction Device -uttering and Publishing

Dismissed

5. Stolen Property - Receiving and Concealing$200 00 or More But Less Than $1,000 0

Dismissed

Interim Condition for Gilmore, Gary (Judicial Officer: Callahan, James A.) - Remand

Sentencing (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey

Resource: Courtroom Clerk C6009 Frederick, Phillip Resource: Court Rpt/Rec 1374 Kahn, Audrey

06/08/2016 Reset by Court to 06/13/2016 Adjourned at !he Requesl of the Court

Pre-Trial (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey

Resource: Courtroom Clerk C5941 Lamar, Irene

Held

Sentenced to Prison

Victims Rights Fee Signed and Filed (Judicial Officer: Callahan, James A. )

Order To Pay Court Costs, Signed and Filed (Judicial Officer: Callahan, .lames A. )

Sentence (Judicial Officer: Callahan, James A.) 2. Computers - Using to Commit a Crime - Maximumimprisonment of 4 Years or More But

Prison Sentence Fee Totals:

- Crime Victims Fee - (FEL) - Restitution - State Minimum Cost (FEL) Attorney Fees

130.00

18,000.00

136.00

400.00

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06/16/2016



Court Costs DNA Fees

Fee Totals$ State Confinement:

1,300.00 60.00

20,026.00

Agency: Michigan Department of Corrections Effective 06/15/2016 Term: 30 Mo to 7 Yr Credit for Time Served: 85 Days

I . ORGANIZED RETAIL CRIME Prison Sentence Probation - ( 5 Yr, Start Date: 06/15/2016, Comment: S/F $240)

Sentencing (Judicial Officer: Callahan, James A.) Resource: Court Rpt/Rec 1374 Kahn, Audrey Resource: Courtroom Clerk C5941 Lamar, Irene

Held

CANCELED Jury Trial Case Disposed/Order Previously Entered

06/29/2016 Order For Production Of Transcript Penny Freelon, AR 04/ 15/2016, DC 04/25/2016

06/29/2016 Stenographer Certificate Required Penny Freelon, AR 04/15/2016, DC 04/25/2016

07/05/2016 Stenographers Certificate Filed

08/11/2016

Penny Freelon, AR 04/15/2016, DC 04/25/2016

~ PE PDF Transcript, filed

PennyFree/on, 4/15/ 16AR, 4/25/ 16DC

06/29/2016 Order For Production Of Transcript Theresa Roberts, CC 04/29/2016

06/29/2016 Stenographer Certificate Required Theresa Roberts, CC 04/29/2016

07/19/2016 Stenographers Certificate Filed

08/24/2016

Theresa Roberts, CC ()4/29/2()/6

iE:J Notice of Transcript Filed

Theresa Roberts, CC 04/29/2016

06/29/2016 Order For Production Of Plea And Sentence Transcript Audrey Kahn, PL 05/18/2016, SE 06/l 3/2016(adjourned on register of actions), PT ()6/ 15/2()/6, SE06/15/2016

06/29/2016 Stenographer Certificate Required Audrey Kahn, PL ()5/18/2016, SE 06/ 13/2016(adjourned on register of actions), PT ()6/ I 512016, SE 06115120 I 6

07/06/2016 Stenographers Certificate Filed Audrey Kahn, Pl ()5/18/2016, SE 06! 13/2(}/6(adjourned on register of actions), PT ()6/ 15/2()/ 6, SE ()6/15/2016

Vol./Book 2 l I pages

Vol./Book 1 7 pages

07/26/2016 Vo/.1Book339

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MTHIRD JUDICIAL CIRCUIT OF MICHIGAN


~ Notice of Transcript Filed Audrey Kahn, PL 05/ 18/2016, SE()6/ 13!2016, 6! 15!16S

06/29/2016 Appointment for Application for Leave to Appeal (Circuit) Adil Haradhvala appointed

07/06/2017 Order (Judicial Officer: Talbot, Michael J ) Case remanded to trial court to determine whether defendant-appellant is indigent, and if so, to appoint counsel to represent defendant-appellant for this appeal. COA #334205

07/11/2017 Order (Judicial Officer: Kenny, Timothy M. ) ORDER TO APPOINT APPELLATE COUNSEL GRANTED. ORDER SIF 717117

07/19/2017 Order For Production Of Plea And Sentence Transcript Audrey Kahn, PL 5/18116, SE 6/13/16, SE 6/15/16(previously ordered and filed)

07/19/2017 Stenographer Certificate Required Audrey Kahn, PL 5/ 18/16, SE 6/ 13/16, SE 6!15! 16(previous/y ordered and filed)

07/24/2017 Stenographers Certificate Filed Audrey Kahn, 5/18/16, 11/3/16, 6/15/16; transcripts filed 7/25/16

07/26/2017 Stenographers Certificate Filed Audrey Kahn, PL 5/ 18/ 16, SE 6/ 13/16, SE 6/ 15/ 16. Amended to correct date.

10/13/2017 Stenographers Certificate Filed Audrey Kahn, PL 5/18/16, SE 6113/16, SE 6/15/16. Transcripts file previously on 7/26/17.

07/19/2017 Order For Production Of Transcript Penny Freelon, AR 4/ l 5/16(previous/y ordered and filed)

07/19/2017 Stenographer Certificate Required Penny Freelon, AR 4!15/ 16(previously ordered and filed)

07/26/2017 Stenographers Certificate Filed Richard Josephs for Penny Freelon, AR 4/ 15/16. The transcript has been filed with the court 8/1/16.

07/19/2017 Order For Production Of Transcript Theresa Roberts, CC 4/291 / 6(previously ordered and filed)

07/19/2017 Stenographer Certificate Required Theresa Roberts, CC 4129/16(previously ordered and filed)

07/19/2017 Appointment for Application for Leave to Appeal (Circuit) Mary Blaney appointed

l 0/10/20 I 7 Attorney Removed - New Attorney Assigned Steven Helton appoinled

06/26/20 I 8 ~ IUAttorney Removed - New Attorney Assigned Steven Helton removed SADO appoinled

DATE FINANCIAL INFORMATION

Defendant Gilmore. Gary Total Charges

PAGES0F6

pages

20.366.00

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Total Payments and Credits Balance Due as of 9/19/2019

Charge Charge Mail Payment Mail Payment

Receipt# 2019-12071 Receipt# 2019-59968

PAGE 60F 6

Defendant Gilmore, Gary Defendant Gilmore, Gary Defendant Gilmore, Gary Defendant Gilmore, Gary

27.51 20,338.49

20,026.00 340.00 (17.51) (10.00)

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state of michigan in the michigan supreme court … · i, penny c. freelon, official court reporter...

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