Meanwhile, Petitioner appealed to the Michigan Supreme Court, raising the same three issues that he presented to the Michigan Court of Appeals. He also raised a new claim about offense variable 19 of the sentencing guidelines. On June 28, 2010, the supreme court denied leave to appeal because it was not persuaded to review the issues. People v. Hernandez, 486 Mich. 1042; 783 N.W.2d 336 (2010). Petitioner moved for reconsideration, but, on September 9, 2010, Court declined to reconsider its prior decision.