Opinion
SC: 159234 COA: 346874
10-30-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Henry Albert MOORE, Jr., Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the February 4, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Eaton Circuit Court. Sentencing courts must "consult the applicable guidelines range and take it into account when imposing a sentence" and shall "justify the sentence imposed in order to facilitate appellate review." People v. Lockridge , 498 Mich. 358, 392, 870 N.W.2d 502 (2015). See also People v. Smith , 482 Mich. 292, 754 N.W.2d 284 (2008). On remand, the court shall either issue an order that articulates why the 49-month departure is warranted, or resentence the defendant.
We do not retain jurisdiction.