Opinion
No. 141176.
November 24, 2010.
Court of Appeals No. 296528.
Leave to Appeal Denied.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Clinton Circuit Court. On September 27, 2004, the parties filed a stipulation to amend the judgment of sentence, conditioned on whether Blakely v Washington, 542 US 296 (2004), was applicable to Michigan's indeterminate sentencing scheme. The stipulation provides that the May 21, 2003, judgment of sentence shall be amended if Blakely does not apply in Michigan. In People v Drohan, 475 Mich 140 (2006), cert den sub nom Drohan v Michigan, 549 US 1037 (2006), this Court determined that Blakely is not applicable to Michigan's indeterminate sentencing scheme. In accord, Montes v Trombley, 599 F.3d 490, 498 (CA 6, 2010). On remand, the trial court shall review the judgment of sentence, determine if it has been amended in accordance with the stipulation, and, if not, amend it accordingly. In all other respects, leave to appeal is denied, because we are not persuaded that the questions presented should be reviewed by this Court.
DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).