Opinion
No. 128493.
May 30, 2006.
SC: 128493, COA: 251019.
Summary Dispositions.
By order of October 27, 2005, the application for leave to appeal the February 22, 2005, judgment of the Court of Appeals was held in abeyance pending the decision in People v Johnson (Docket No. 127525). On order of the Court, the opinion having been issued on March 23, 2006, 474 Mich 96 (2006), the application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals and remand this case to the Oakland Circuit Court for resentencing. The circuit court erred by assessing defendant 50 points under offense variable 11 on each conviction for penetrations that did not arise out of the particular sentencing offense. On resentencing, the circuit court shall assess defendant zero points for each conviction under offense variable 11. We do not retain jurisdiction. Court of Appeals No. 251019.
WEAVER, J. I would grant leave to appeal.