Opinion
No. 143120.
September 21, 2011.
Order
SC: 143120, COA: 297192, Wayne CC: 09-027497-FH
On order of the Court, the application for leave to appeal the May 17, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. The prosecutor did not move to dismiss the case, and the order of dismissal states that the dismissal was "on motion of the court." We REMAND this case to the Court of Appeals for consideration of the issues raised by the prosecutor but not addressed by that court during its initial review of this case.
MARILYN KELLY, J., would deny leave to appeal.