People of Michigan v. Gary Wayne McClane ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
June 29, 2011 Robert P. Young, Jr.,
Chief Justice
142595 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 142595
COA: 301510
Genesee CC: 09-025524-FH
GARY WAYNE McCLANE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 18, 2011
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Genesee Circuit Court and
REMAND this case to that court for resentencing with directions to score OV 9 at zero
points. See People v McGraw, 484 Mich 120, 133 (2009), which states that “[o]ffense
variables must be scored giving consideration to the sentencing offense alone . . . .” 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, Corbin R. Davis, 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.
June 29, 2011 _________________________________________
p0622 Clerk