Opinion
359329
01-14-2022
People of Michigan v. Michael James Fisher
LC No. 21-004829-FH
Michael J. Kelly Presiding Judge Amy Ronayne Krause Michael F. Gadola Judges
ORDER
The Court orders that the application for leave to appeal is DENIED because we are not persuaded that it is appropriate to grant leave to appeal at this time. However, the motion to remand is GRANTED as follows. This case is REMANDED to the trial court. On remand, the trial court shall allow defendant to develop a further factual record as to the issues discussed in the motion to remand regarding jail credit and the scoring of Offense Variable 12 of the sentencing guidelines. Thereafter, the trial court shall decide if defendant is entitled to relief based on either of those issues. If the trial court does not enter an amended judgment of sentence based on its resolution of the issues on remand it shall enter a written order setting forth its disposition of the issues.
We do not retain jurisdiction.