Opinion
SC: 153696 COA: 325449
10-08-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. David Allen SNYDER, Defendant-Appellant.
Order
By order of June 19, 2019, the application for leave to appeal the February 18, 2016 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Betts (Docket No. 148981). On order of the Court, the case having been decided on July 27, 2021, ––– Mich. ––––, ––– N.W.2d ––––, 2021 WL 3161828 (2021), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals that is inconsistent with this Court's opinion in Betts , and we VACATE the defendant's conviction for failure to comply with the Sex Offenders Registration Act, MCL 28.721 et seq. The retroactive application of 2011 PA 17 to the defendant, well after the 1995 conviction that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. Betts, supra. We REMAND this case to the trial court for further proceedings consistent with Betts . 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.