Opinion
No. 125768.
December 10, 2004.
SC: 125768, COA: 224539.
Summary Disposition.
In lieu of granting leave to appeal, the judgment of the Court of Appeals pertaining to defendant's sentence for violating MCL 750.531 is vacated, and the case is remanded, for a second time, to the Court of Appeals for reconsideration in light of People v Babcock, 469 Mich 247 (2003). MCR 7.302(G)(1). On the earlier remand, the Court of Appeals merely quoted from its original opinion, which is insufficient to support the type of analysis Babcock warrants. On second remand, the Court of Appeals is instructed to provide a more thorough analysis and conclusion pursuant to the guidelines set forth in Babcock. (on remand).
WEAVER, J. ( dissenting). I dissent from the remand order. Applying the analysis of my dissenting and concurring opinion in People v Babcock, 469 Mich 247 (2003), I would deny leave to appeal. The trial court satisfied the requirement for "a substantial and compelling reason" for its departure from the sentencing guidelines, and its decision did not venture beyond the range of principled outcomes under the circumstances. In its decision on remand, the Court of Appeals correctly affirmed the trial court's sentence.