People of Michigan v. Leonard Richard Olear

Order Michigan Supreme Court
Lansing, Michigan
February 5, 2014 Robert P. Young, Jr.,
Chief Justice
147719 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: 147719
COA: 307577
Macomb CC: 2009-001960-FH
LEONARD RICHARD OLEAR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 19, 2013
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 order of the Court of Appeals, and we
REMAND this case to the Macomb Circuit Court to consider: (1) whether People v
Portellos, 298 Mich App 431 (2012), is intervening case law providing an exception to
the law of the case with regard to People v Olear, unpublished opinion per curiam of the
Court of Appeals issued April 21, 2011 (Docket No. 297155); and (2) whether the factors
offered by the defendant at the resentencing hearing of July 10, 2013 provide a
substantial and compelling reason for departure from the applicable sentencing guidelines
range, independent of the reasons that were rejected by the Court of Appeals in People v
Olear. In the event that the circuit court answers one or both propositions in the
affirmative, it may proceed to resentencing.
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.
February 5, 2014
p0129
Clerk