Opinion
SC 161815 COA 346615
06-23-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MICHAEL DOUGLAS BROOKS, Defendant-Appellant.
Shiawassee CC: 2018-002843-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the May 28, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals opinion affirming the defendant's sentence, we VACATE the sentence of the Shiawassee Circuit Court, and we REMAND this case to the trial court for resentencing. As explained by concurring and dissenting Judge Gleicher, the reasons given for the departure did not adequately account for the extent of the significant departure (25 years beyond the mandatory minimum). 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.