Opinion
SC: 158932 COA: 334952
04-03-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Radu Vasile MUNTEAN, Defendant-Appellant.
Order
By order of December 30, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the October 30, 2018 judgment of the Court of Appeals. On order of the Court, the response having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The defendant’s sentences for torture, unlawful imprisonment, and aggravated domestic violence should not have been made consecutive to the felony-firearm sentence because none of those offenses was a predicate felony for the charged felony-firearm offense. People v. Clark , 463 Mich. 459, 619 N.W.2d 538 (2000). On remand, the trial court shall either amend the judgment of sentence to make those sentences concurrent, or resentence the defendant. We further ORDER the trial court to ensure that the amended judgment of sentence is transmitted to the Department of Corrections. 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.