Opinion
Docket No. 147291. COA No. 309303.
2014-10-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Melody Tynette JONES, Defendant–Appellant.
Prior reports: 495 Mich. 1004, 846 N.W.2d 389; 300 Mich.App. 652, 834 N.W.2d 919.
Order
By order of May 27, 2014, the application for leave to appeal the April 25, 2013 judgment 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, 852 N.W.2d 118 (2014), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion regarding the Berrien Circuit Court's assessment of court costs, and we REMAND this case to the Court of Appeals for reconsideration of that issue. 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, 852 N.W.2d 118 (2014), and Konopka. 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.