Opinion
No. 128359.
October 19, 2005.
SC: 128359, COA: 251331, Wayne CC: 01-000516-02.
On order of the Court, the application for leave to appeal the February 15, 2005 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals, and we REMAND this case to the Court of Appeals for it to further consider whether the constitutional error in this case was harmless beyond a reasonable doubt. The Court of Appeals shall make its determination in a manner consistent with the process of assessment described in People v. Shepherd, 472 Mich 343, 347-348 (2005), and People v. Mateo, 453 Mich 203, 215 (1996). In all other respects the application is DENIED.
We do not retain jurisdiction.
WEAVER, J., would deny leave to appeal.