Opinion
SC: 163837 COA: 350281
06-27-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Demarcus Allen-Troy MILES, Defendant-Appellant.
Order
By order of May 31, 2022, the application for leave to appeal the October 21, 2021 judgment of the Court of Appeals was held in abeyance pending the decision in People v Dupree (Docket No. 161589 ). On order of the Court, the case having been decided on March 21, 2023, ––– Mich ––––, ––– N.W.2d ––––, 2023 WL 2589235 (2023), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE Part V.A. of the Court of Appeals judgment and REMAND this case to the Court of Appeals for reconsideration of the scoring of Offense Variable 1 in light of Dupree . In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.