Opinion
SC: 159076 COA: 339452
12-23-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Scott BARBER, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the November 27, 2018 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part III of the Court of Appeals judgment, which did not address the defendant’s argument that the Legislature did not intend for a single act to result in convictions for both assault with intent to do great bodily harm less than murder, MCL 750.84(1)(a), and assault by strangulation, MCL 750.84(1)(b). We REMAND this case to the Court of Appeals for reconsideration in light of People v. Miller , 498 Mich. 13, 19, 869 N.W.2d 204 (2015). 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.
We do not retain jurisdiction.