Opinion
No. 118361 (39)(40).
February 6, 2001.
COA: 226796, Eaton CC: 99-000353-FH.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the December 19, 2000 decision of the Court of Appeals and motion for peremptory reversal are considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reasons stated by the dissenting judge in the Court of Appeals. We REMAND the case to the circuit court for trial on the charge of second-degree murder.
Cavanagh, J., would deny leave to appeal.