Opinion
SC 161780 (43) (44) COA 349082
10-29-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DARIN REY ALDRIDGE, Defendant-Appellant.
St Clair CC: 18-002783-FH
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
By order of April 28, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the June 4, 2020 judgment of the Court of Appeals. In lieu of filing an answer, the prosecutor filed a motion to remand for resentencing. The defendant has filed a motion for counsel, in which the prosecutor concurs. On order of the Court, the application for leave to appeal and the motions are considered. In upholding the trial court's scoring of Offense Variable (OV) 13 at 25 points, the Court of Appeals failed to consider this Court's order in People v Nelson, 491 Mich. 869 (2012). In addition, the defendant challenged his OV 19 score in the trial court and in his Standard 4 brief in the Court of Appeals. The Court of Appeals did not consider this argument, but concurring Judge Shapiro concluded OV 19 was improperly scored. If successful on his challenges to OV 13 and OV 19, the defendant's sentencing guidelines range would change, entitling him to resentencing. People v Francisco, 474 Mich. 82, 87 (2006). Therefore, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to the Court of Appeals for reconsideration of the defendant's challenge to OV 13 in light of Nelson and for consideration of the issues raised in the defendant's Standard 4 brief. If the Court of Appeals allows or requires the filing of supplemental briefs, or remands to the trial court, the Court of Appeals shall direct the trial court to appoint counsel to represent the defendant in the proceeding below and in the Court of Appeals.
We do not retain jurisdiction.