Opinion
SC: 153776 COA: 331373
01-31-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Joseph William INWOOD, Defendant–Appellant.
Order
By order of December 7, 2016, the prosecuting attorney was directed to answer the application for leave to appeal the April 5, 2016 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 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Macomb Circuit Court in Case No. 2015–001779–FH, and we REMAND this case to the trial court for resentencing. The prosecuting attorney has conceded that the trial court erred by assigning 50 points under Offense Variable (OV) 11, MCL 777.41. Because correcting the OV score would change the applicable guidelines range, resentencing is required. People v. Kimble , 470 Mich. 305, 684 N.W.2d 669 (2004). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions should be reviewed by this Court. The motion to hold the application in abeyance is DENIED.
We do not retain jurisdiction.