People of Michigan v. Jeffrey Bernard Prater ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
October 5, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151620 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151620
COA: 325980
Emmet CC: 13-003787-FH
JEFFREY BERNARD PRATER,
Defendant-Appellant.
_________________________________________/
By order of December 22, 2015, the prosecuting attorney was directed to answer
the application for leave to appeal the March 24, 2015 order of the Court of Appeals. On
order of the Court, the answer having been received and the prosecutor having conceded
guidelines scoring error, the application for leave to appeal is again considered. Pursuant
to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentences of
the Emmet Circuit Court, and we REMAND this case to the trial court for resentencing.
The trial court erred in assigning points for Offense Variables 12 and 13, MCL 777.42
and MCL 777.43, respectively, which changed the defendant’s guidelines range. People
v Francisco, 474 Mich. 82 (2006). In all other respects, leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should be reviewed
by this Court.
We do not retain jurisdiction.
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 5, 2016
s0928
Clerk