Order Michigan Supreme Court Lansing, Michigan December 21, 2011 Robert P. Young, Jr., Chief Justice 143725 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: 143725 COA: 281046 Macomb CC: 2007-001116-FC DANTE DESHAWN MOORE, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the May 31, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals, for the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case to the Macomb Circuit Court for resentencing. 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, 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. December 21, 2011 _________________________________________ t1214 Clerk