Order Michigan Supreme Court Lansing, Michigan May 27, 2014 Robert P. Young, Jr., Chief Justice 148139 & (17) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices v SC: 148139 COA: 316745 Wayne CC: 12-007026-FC SHAMAZZ FOSTER, Defendant-Appellant. ____________________________________/ By order of March 28, 2014, the prosecuting attorney was directed to answer the application for leave to appeal the November 6, 2013 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE only the defendant’s two sentences for second-degree criminal sexual conduct, and we REMAND this case to the Wayne Circuit Court for resentencing on those two convictions. The trial court was without authority to impose a maximum sentence other than that provided by law. MCL 769.8(1); MCL 750.520c(2). 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. May 27, 2014 p0519 Clerk