Opinion
Docket No. 145091. COA No. 293629.
2012-10-4
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jeffrey Paul GIOGLIO, Defendant–Appellant.
Prior report: Mich.App., 296 Mich.App. 12, 815 N.W.2d 589.
Order
On order of the Court, the application for leave to appeal the March 20, 2012 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the maximum sentences imposed by the Kalamazoo Circuit Court, and we REMAND this case to the trial court for resentencing. The court failed to recognize that it had discretion to set the maximum sentences under MCL 769.10. See People v. Bonilla–Machado, 489 Mich. 412, 803 N.W.2d 217 (2011); People v. Turski, 436 Mich. 878, 461 N.W.2d 366 (1990). 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.