Opinion
No. 121679.
October 16, 2003. [DD January 27, 2004.
Summary Disposition.
No. 121679. In lieu of granting leave to appeal, the case is remanded to the Court of Appeals for consideration as on leave granted. MCR 7.302(G)(1). Court of Appeals No. 238464.
CAVANAGH and KELLY, JJ. We would deny leave to appeal.
I dissent from the remand order. Applying the analysis of my dissenting and concurring opinion in People v. Babcock, 469 Mich 247 (2003), I would deny leave. The trial court satisfied the requirement for "a substantial and compelling reason" for its departure from the sentencing guidelines, and its decision did not venture beyond the range of principled outcomes under the circumstances.