Opinion
SC: 165019 COA: 362612
09-29-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dale Rayfield PAVLAT, Defendant-Appellant.
Order
By order of March 10, 2023, the prosecuting attorney was directed to answer the application for leave to appeal the September 26, 2022 order of the Court of Appeals. On order of the Court, the answer 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 Court of Appeals as on leave granted for consideration of the defendant's argument that the factual basis for his kidnapping plea was insufficient for failure to establish that he knowingly restrained the victim. MCL 750.349(1), (2). 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.
Viviano, J., would deny leave to appeal.