Opinion
SC 163815 COA 354623
11-28-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JOSE TELLO, JR., Defendant-Appellant.
Saginaw CC: 18-045702-FC
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of April 5, 2022, the application for leave to appeal the September 30, 2021 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Posey (Docket No. 162373) and People v Stewart (Docket No. 162497). On order of the Court, Posey having been decided on July 31, 2023, 512 Mich. (2023), and Stewart having been decided on July 31, 2023, 512 Mich. (2023), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and REMAND this case to that court for reconsideration in light of Posey.
We do not retain jurisdiction.