Opinion
No. 136852.
December 18, 2008.
Court of Appeals No. 284739.
Summary Dispositions December 18, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall address whether a sentencing judge has discretion under MCL 777.22(1) and MCL 777.42(1) to purposely score offense variable 12 at zero points in order to achieve a higher score under offense variable 13. We do not retain jurisdiction.
KELLY, J. I would grant leave to appeal.