Opinion
Docket No. 148869. COA No. 319205.
2014-10-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Lavonta Reginald ALSTON, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the January 13, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals to reconsider the defendant's issue regarding the Wayne Circuit Court's assessment of court costs. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in People v. Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the Court of Appeals shall reconsider the defendant's issue in light of People v. Cunningham, 496 Mich. 145, 852 N.W.2d 118 (2014), and Konopka. It shall then deny or grant the application on this issue, or otherwise exercise its authority under MCR 7.216(A)(7). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction. MICHAEL F. CAVANAGH, J., would grant leave to appeal.