Opinion
No. 123086.
October 3, 2003.
Summary Disposition.
No. 123086. In lieu of granting leave to appeal, the judgment of the Court of Appeals is vacated, and the case is remanded to that Court for reconsideration in light of People v. Babcock, 469 Mich 247 (2003). MCR 7.302(G)(1). Court of Appeals No. 233196.
I dissent from the remand order. Applying the analysis of my dissenting and concurring opinion in People v. Babcock, 469 Mich 247 (2003), I would deny leave. The trial court satisfied the requirement for "a substantial and compelling reason" for its departure from the sentencing guidelines, and its decision did not venture beyond the range of principled outcomes under the circumstances.