Opinion
SC 164376 COA 360246
12-07-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. RONALD HAROLD BOILEAU, Defendant-Appellant.
Shiawassee CC: 2020-004984-FH
Elizabeth T. Clement, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justice
ORDER
By order of July 28, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the March 29, 2022 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 REMAND this case to the Shiawassee Circuit Court first for ministerial correction of the defendant's Presentence Investigation Report. Specifically, the April 8, 2021 conviction that is described as a "Delivery/Manufacture Methamphetamine" offense should be changed to a "Delivery/Manufacture Cocaine" offense. Second, we VACATE the award of $7,553 in restitution as to Ms. Cox and Ms. Paling, and REMAND for the court to articulate evidentiary support for a restitution award for each victim. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.