Opinion
SC: 148361
11-25-2014
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ALTON HUBBARD, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, Justices COA: 318271
Wayne CC: 13-002468-FC
By order of April 28, 2014, the application for leave to appeal the December 5, 2013 order of the Court of Appeals was held in abeyance pending the decision in People v Cunningham (Docket No. 147437). On order of the Court, the case having been decided on June 18, 2014, 496 Mich 145 (2014), the application is again 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 reconsideration of the defendant's issue regarding the Wayne Circuit Court's assessment of court costs. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in People v Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the Court of Appeals shall reconsider the defendant's issue in light of People v Cunningham, 496 Mich 145 (2014), and Konopka. It shall then deny or grant the application on this issue, or otherwise exercise its authority under MCR 7.216(A)(7). 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
November 25, 2014
/s/_________
Clerk