Opinion
SC: 155523 COA: 334563
01-31-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Kerry Joseph FLECK, Defendant-Appellant.
Order
By order of July 3, 2018, the application for leave to appeal the February 2, 2017 order of the Court of Appeals was held in abeyance pending the decisions in People v. Tucker, 884 N.W.2d 791 (Mich. 2016) and People v Snyder (Docket No. 153696). On order of the Court, Tucker having been dismissed on September 5, 2018, 503 Mich 854, 916 N.W.2d 487 (2018), and Snyder having been decided on October 8, 2021, ––– Mich. ––––, 964 N.W.2d 594 (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the defendant's conviction for failure to comply with the Sex Offenders Registration Act, MCL 28.721 et seq. The retroactive application of 2011 PA 17 to the defendant, well after the 1998 offenses that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021). We REMAND this case to the Oakland Circuit Court for further proceedings consistent with Betts .