Opinion
Docket No. 143177.COA No. 297155.
2011-09-30
PEOPLE of the State of Michigan, Plaintiff–Appellee,v.Leonard Richard OLEAR, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the April 21, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
MARILYN J. KELLY, J. (concurring).
I concur with the order denying leave to appeal. The Court of Appeals correctly vacated defendant's probation sentence and remanded for resentencing. However, in light of the Court of Appeals' disposition, the majority's comments regarding the trial court's bases for imposing a downward departure sentence are dicta. Moreover, they are inaccurate. As Judge Murray's partial dissenting opinion observed, some of the factors that the majority finds inappropriate are appropriate considerations for the trial court.
I agree with Judge Murray that the majority attempted to “place handcuffs on the trial court's decision on remand....”
696 The more prudent action would have been to refrain from addressing the issue.
FN1. People v. Daniel, 462 Mich. 1, 7, 609 N.W.2d 557 (2000); People v. Fields, 448 Mich. 58, 77, 528 N.W.2d 176 (1995).