Opinion
No. 130097.
May 24, 2006.
SC: 130097, COA: 261967.
Summary Dispositions.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate defendant's sentence and remand this case to the Wayne Circuit Court for resentencing. Defendant has demonstrated both good cause and actual prejudice, entitling him to relief under MCR 6.508(D). The sentence imposed was invalid. MCR 6.508(D)(3)(b)(iv). The sentencing guidelines placed defendant in an intermediate cell that required the imposition of a jail term, unless there was a substantial and compelling reason for a departure. MCL 769.34(4)(a). No substantial and compelling reason was offered to permit the imposition of a prison sentence. On remand, the circuit court shall sentence defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range in accordance with People v Babcock, 469 Mich 247 (2003). We do not retain jurisdiction. Court of Appeals No. 261967.