Summary
directing that People v Randolph, 466 Mich 532; 648 NW2d 164, and People v Scruggs, 256 Mich App 303; 662 NW2d 849 "are to be given limited retroactive effect"
Summary of this case from Mullins v. St. Joseph Mercy HospitalOpinion
No. 128587.
September 23, 2005.
Summary Dispositions.
SC: 128587, COA: 252567.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals and reinstate defendant's armed robbery conviction. The decisions in People v. Randolph, 466 Mich 532 (2002), and People v. Scruggs, 256 Mich App 303 (2003), are to be given limited retroactive effect, applying only to those cases pending on appeal in which the issue was raised and preserved. People v. Cornell, 466 Mich 335, 367 (2002); People v. Pasha, 466 Mich 378, 384 (2002). Court of Appeals No. 252567.
CAVANAGH and KELLY, JJ. We would grant or deny leave to appeal.