Opinion
SC: 160494 COA: 343800
12-23-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert Jerry MILES, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 10, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals addressing the scoring of Offense Variable (OV) 3, MCL 777.33, OV 12, MCL 777.42, and the trial court's assessment of court costs pursuant to MCL 769.1k(1)(b)(iii ), and we REMAND this case to the Court of Appeals, which shall hold this case in abeyance pending its decision in People v. Lewis (Court of Appeals Docket No. 350287), 2021 WL 1941718. After Lewis is decided, the Court of Appeals shall reconsider this case in light of Lewis and People v. Beck , 504 Mich. 605, 939 N.W.2d 213 (2019). 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.
We do not retain jurisdiction.