Opinion
No. 130851.
August 29, 2006.
SC: 130851, COA: 258261, Wayne CC: 04-005067.
Summary Disposition August 29, 2006.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Wayne Circuit Court for resentencing. The Court of Appeals determined that the defendant's sentencing guidelines were misscored and that the applicable guidelines range was lower than the one within which the defendant was originally sentenced. Under these circumstances, resentencing is required. People v. Francisco, 474 Mich 82 (2006). On remand, the court shall sentence defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the se ntencing guidelines range in accordance with People v. Babcock, 469 Mich 247 (2003).