Opinion
SC: 163010 COA: 348555
01-26-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brian William FURLONG, Defendant-Appellant.
Order
By order of October 6, 2021, the prosecuting attorney was directed to file a supplemental brief. On order of the Court, the brief having been received, the application for leave to appeal the March 25, 2021 judgment of the Court of Appeals is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals to consider whether 50 points were correctly assigned to Offense Variable (OV) 13 pursuant to MCL 777.43(1)(a) in light of People v. Nelson , 491 Mich. 869, 809 N.W.2d 564 (2012).
We DIRECT the Court of Appeals to forward its decision on remand to the Clerk of this Court within 56 days of the date of this order. We further direct the Court of Appeals’ attention to the fact that we also remanded People v Aldridge (Docket No. 161780) to the Court of Appeals for reconsideration of that defendant's challenge to OV 13 in light of Nelson , and that case was decided on December 16, 2021. People v. Aldridge , unpublished per curiam opinion of the Court of Appeals, issued on December 16, 2021 (Docket No. 349082), 2021 WL 5973062.
We retain jurisdiction.