Opinion
Docket No. 143004. COA No. 302402.
2013-05-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Richard Lawrence HOGAN II, Defendant–Appellant.
Order
By order of April 1, 2013, the prosecuting attorney was directed to answer the application for leave to appeal the March 14, 2011 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Genesee Circuit Court, and we REMAND this case to the trial court for resentencing. The trial court erred in assessing 10 points for Offense Variable 13, MCL 777.43(1)(d), because the sentencing offense was not part of a pattern of felonious criminal activity involving a combination of 3 or more crimes against a person or property or a violation of section 7401(2)(a)(i) to (iii) or section 7403(2)(a)(i) to (iii) of the public health code. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.