Opinion
Docket No. 148358. COA No. 306784.
11-26-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Betsy Louise KWASNY, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the October 31, 2013 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 that part of the Court of Appeals judgment regarding the restitution order in lower court No. 2009–004979–FH and we REMAND this case to the Court of Appeals for reconsideration in light of People v. McKinley, 496 Mich. 410, 852 N.W.2d 770 (2014). The Court of Appeals evaluated the restitution order in accordance with People v. Gahan, 456 Mich. 264, 571 N.W.2d 503 (1997), which was overruled in People v. McKinley. 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.
We do not retain jurisdiction.