Opinion
No. 118438 (46).
October 23, 2001.
COA: 224254, Oakland CC: 99-116100-FH.
On order of the Court, the delayed application for leave to appeal from the November 28, 2000, decision of the Court of Appeals and the motion to add issues are considered. The motion to add issues is DENIED. Pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Court of Appeals to specifically address defendant's arguments (1) that jeopardy attached with respect to the "group I offenses" when defendant was sentenced therefor, on May 3, 1999, (2) that the "later facts" exception to double jeopardy does not include facts that occur before jeopardy attaches, and (3) that defense counsel cautioned the prosecution about the double jeopardy issue prior to the May 3, 1999 sentencing on the "group I offenses," and to decide when jeopardy attaches in the case of a plea of guilty or no contest pursuant to People v Cobbs, 443 Mich. 276 (1993), or pursuant to a sentence agreement.
We do not retain jurisdiction.
Kelly, J., would grant leave to appeal.