Opinion
SC: 158082 COA: 342187
09-30-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jessie IBANEZ II, Defendant-Appellant.
Order
By order of October 30, 2018, the application for leave to appeal the March 28, 2018 order of the Court of Appeals was held in abeyance pending the decision in People v. Ames . On order of the Court, leave to appeal having been denied in Ames on June 26, 2019, 504 Mich. ––––, 929 N.W.2d 283 (2019), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the March 28, 2018 and May 29, 2018 orders of the Court of Appeals, and we REMAND this case to that court for consideration as on reconsideration granted. The Court of Appeals erred in remanding this case to the Bay Circuit Court to explain the reasons for imposing a departure sentence. The defendant’s sentence of 114 to 180 months for unlawful imprisonment was not a departure from the advisory guidelines range of 58 to 114 months.
We do not retain jurisdiction.