Opinion
Docket No. 143848.COA No. 304704.
2012-03-5
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jason Donald MERLONE, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the August 18, 2011 order of the Court of Appeals is considered. We DIRECT the Saginaw County Prosecuting Attorney to answer the application within 28 days of this order. The prosecutor shall address whether points were properly assessed for Offense Variable 1, MCL 777.41, and Offense Variable 2, MCL 777.42, and whether counsel for the defendant provided ineffective assistance by failing to challenge the scoring for those two variables at sentencing or in a proper motion for resentencing in the trial court or to remand in the Court of Appeals.
The application for leave to appeal remains pending.