Opinion
No. 120978.
May 30, 2002.
COA: 237462, Oakland CC: 00-173021-FH
On order of the Court, the application for leave to appeal from the January 29, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the defendant's sentences and REMAND to the Oakland County Circuit Court for a formal resentencing because the trial court erred by imposing concurrent sentences. MCL 333.7401(3); People v Denio, 454 Mich. 691, 703-704 (1997). Further, because the reasons given for the departure made here were not substantial and compelling, on remand, the sentencing judge shall consider whether substantial and compelling reasons exist to justify the particular departure made in this case. See People v Hegwood, 465 Mich. 432, 437, n 10 (2001); People v Daniel, 462 Mich. 1 (2000).
We do not retain jurisdiction.
Cavanagh and Kelly, JJ., would deny leave to appeal.