Opinion
No. 132725.
October 29, 2007.
Court of Appeals No. 273354.
Summary Dispositions October 29, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the sentence of the Baraga Circuit Court, and we remand this case to the circuit court for resentencing. The defendant's sentence is a departure from the 12-month maximum jail sentence required by MCL 769.34(4)(a). On remand, the circuit court shall either sentence the defendant to an intermediate sanction or state on the record a substantial and compelling reason to sentence the defendant to the Department of Corrections, in accordance with MCL 769.34(4)(a). People v Harper, 479 Mich 599 (2007). 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. We do not retain jurisdiction.