Opinion
SC: 152354
05-24-2016
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JEFFERY ANDREW ATWOOD, JR., Defendant-Appellant.
Order
152354 & (15)(22)(24) Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 327566
Ottawa CC: 11-035280-FH
By order of March 8, 2016, the prosecuting attorney was directed to answer the application for leave to appeal the August 27, 2015 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we GRANT the motions to remand and appoint counsel and VACATE the orders of the Court of Appeals and Ottawa Circuit Court. We REMAND this case to the Ottawa Circuit Court for a hearing pursuant to United States v Tucker, 404 US 443; 92 S Ct 589; 30 L Ed 2d 592 (1972), and People v Moore, 391 Mich 426 (1974), with regard to the scoring of Prior Offense Variable 5. On a showing of indigency, the trial court shall appoint counsel to assist the defendant. The motion for a declaratory judgment and motion to quash answer are DENIED. 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
May 24, 2016
/s/_________
Clerk