Opinion
SC: 157838 COA: 335955
11-27-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Johnathan Lamar BURKS, Defendant-Appellant.
Order
By order of October 30, 2018, the application for leave to appeal the April 3, 2018 judgment of the Court of Appeals was held in abeyance pending the decisions in People v. Beck (Docket No. 152934) and People v. Dixon-Bey . On order of the Court, Beck having been decided on July 29, 2019, 504 Mich. ––––, 931 N.W.2d 302 (2019), and leave to appeal having been denied in Dixon-Bey on July 29, 2019, 504 Mich. ––––, 931 N.W.2d 302 (2019), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals addressing the defendant’s sentence for home invasion, and we REMAND this case to that court for reconsideration in light of Beck . 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.