DocketNumber： 157820
Filed Date： 9/18/2019
Status： Precedential
Modified Date： 9/21/2019
Order Michigan Supreme Court Lansing, Michigan September 18, 2019 Bridget M. McCormack, Chief Justice 157820 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 157820 COA: 342182 Allegan CC: 16-020482-FH MATTHEW DONALD GILLIES, Defendant-Appellant. _________________________________________/ By order of October 2, 2018, the application for leave to appeal the March 28, 2018 order of the Court of Appeals was held in abeyance pending the decision in People v Carter (Docket No. 156606). On order of the Court, the case having been decided on May 7, 2019,503 Mich. 221
(2019), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the defendant was properly assigned 25 points under Offense Variable 12 (OV 12), MCL 777.42. 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, 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. September 18, 2019 t0911 Clerk