Opinion
Docket No. 148531. COA No. 318145.
09-24-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Kristopher Kyle McCHESTER, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the January 2, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of whether the defendant is entitled to resentencing based on a misscoring of Offense Variable (OV) 4 (psychological injury to victim), MCL 777.34. 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 further DIRECT the Court of Appeals to REMAND this case first to the Genesee Circuit Court, in accordance with Administrative Order 2003–03, so that the circuit court can determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in the Court of Appeals.