DocketNumber： 142595
Filed Date： 6/29/2011
Status： Precedential
Modified Date： 10/30/2014
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