People of Michigan v. Jack Leroy Wine Jr ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 21, 2016 Robert P. Young, Jr.,
Chief Justice
151411 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Joan L. Larsen,
Justices
v SC: 151411
COA: 318822
Calhoun CC: 2013-001828-FC
JACK LEROY WINE, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 24, 2015
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE the sentence of the Calhoun Circuit Court,
and we REMAND this case to the trial court for resentencing pursuant to People v
Francisco, 474 Mich 82 (2006). The trial court erred in assigning 10 points for Offense
Variable 4 (OV 4), MCL 777.34, since there was no record support that the victims
suffered psychological injury. 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.
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.
September 21, 2016
p0914
Clerk