Opinion
No. 130677.
May 30, 2006.
SC: 130677, COA: 267735.
Summary Dispositions.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the sentences of the Genesee Circuit Court and remand this case to that court for resentencing. The sentencing guidelines apply to sentences imposed after probation revocation. People v Hendrick, 472 Mich 555, 560 (2005). Defendant's minimum sentencing guidelines range is seven to 23 months. The trial court did not articulate substantial and compelling reasons for imposing a minimum sentence of 40 months. On remand, the trial court shall sentence defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range in accordance with People v Babcock, 469 Mich 247 (2003). Under Hendrick, supra at 564, the acts giving rise to the probation violation may provide a substantial and compelling reason to depart. In all other respects, the application is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court. We do not retain jurisdiction. Court of Appeals No. 267735.