Opinion
NO. 139735.
April 28, 2011.
Court of Appeals No. 281868.
Summary Disposition April 28, 2011.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Oakland Circuit Court. The trial court articulated substantial and compelling reasons to support a departure from the sentencing guidelines but failed to articulate any rationale to justify the extent of the particular departure imposed in this case. People v. Smith, 482 Mich 292 (2008). On remand, the trial court shall either issue an order that articulates why this level of departure is warranted, or resentence the defendant. In all other respects, leave to appeal is denied. We do not retain jurisdiction.