Opinion
Docket No. 150292. COA No. 322542.
11-26-2014
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Bret Francis PREECE, Defendant–Appellant.
Order
On order of the Court, the motion to expedite is GRANTED. The application for leave to appeal the August 27, 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 VACATE the sentence of the Saginaw Circuit Court, and we REMAND this case to the trial court for resentencing. The trial court's disagreement with the guidelines range for the defendant's offense is not a substantial and compelling reason for an upward departure. On remand, the trial court shall sentence the defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range in accordance with People v. Babcock, 469 Mich. 247, 666 N.W.2d 231 (2003).