Opinion
SC: 158146 COA: 337365
02-02-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Rudy Frank FABELA, Defendant-Appellant.
Order
By order of July 29, 2019, the application for leave to appeal the June 26, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Betts . On order of the Court, Betts having been decided on July 27, 2021, 507 Mich. 527, 968 N.W.2d 497 (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part II.A. of the Court of Appeals judgment and we REMAND this case to the Court of Appeals for reconsideration in light of Betts . 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.