Opinion
Docket No. 149005. COA No. 319565.
2014-09-19
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Dennis Linc HOLBROOK, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the February 21, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of whether the circuit court improperly imposed a fine, in light of our decision in People v. Cunningham, 496 Mich. 145, 852 N.W.2d 118 (2014), and if so, whether the circuit court's imposition of a $750 fine constitutes plain error affecting the defendant's substantial rights. Contrast People v. Franklin, 491 Mich. 916, 813 N.W.2d 285 (2012), with Johnson v. United States, 520 U.S. 461, 467–468, 117 S.Ct. 1544, 137 L.Ed.2d 718 (1997).
We direct the Court of Appeals' attention to the fact that we have also remanded People v. Konopka (Docket No. 149047) to the Court of Appeals for consideration of similar issues. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.