Opinion
No. 115919 (17).
April 14, 2000.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the November 12, 1999, order of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the defendant's sentence and REMAND to the Oakland Circuit Court for resentencing or for a withdrawal of the defendant's plea pursuant to People vCobbs, 443 Mich. 276; 505 N.W.2d 208 (1993), for the reasons stated by the dissenting Court of Appeals judge.
We do not retain jurisdiction.
I concur in the order vacating defendant's sentence. In my view, the sentence originally imposed was disproportionately lenient considering the circumstances of the offense. People v Milbourn, 435 Mich. 630; 461 N.W.2d 1 (1990).