Opinion
Docket No. 150703. COA No. 315247.
10-26-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ronald JOHNSON, Defendant–Appellant.
Order
By order of December 22, 2015, the Wayne County 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 November 4, 2014 judgment of the Court of Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals, we VACATE the sentence of the Wayne Circuit Court, and we REMAND this case to the trial court for resentencing pursuant to People v. Francisco, 474 Mich. 82, 711 N.W.2d 44 (2006). The trial court erred in assigning 50 points for Prior Record Variable 1 (PRV 1), MCL 777.51. As the prosecutor concedes, the record supports a score of only 25 points because the defendant only has one prior high severity felony conviction. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.