Opinion
No. 136889.
December 3, 2008.
Court of Appeals No. 277834.
Summary Dispositions December 3, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Jackson Circuit Court for resentencing in light of People v Smith, 482 Mich 292 (2008).
I concur in the order of remand in light of the majority opinion in People v Smith, 482 Mich 292 (2008). But, as explained in my dissent in Smith, 1 continue to find the majority rule unworkable and worthy of reconsideration.
I would deny leave to appeal for the reasons set forth in my dissenting statement in People v Smith, 482 Mich 292, 325-329 (2008).