Opinion
SC: 164172 COA: 359436
11-04-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Scinicor Latwain MCMULLEN, Jr., Defendant-Appellant.
Order
By order of July 1, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the January 18, 2022 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, limited to whether: (1) the sentence imposed by the Saginaw Circuit Court was reasonable and the circuit court adequately justified the extent of the particular departure on the record; and (2) the circuit court erred by denying the defendant's request to waive the 20% late fee and set aside the order to remit prisoner funds. 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.