Opinion
Docket No. 147678. COA No. 310293.
2014-04-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Anthony Reese PORTER, Defendant–Appellant.
Prior report: 843 Mich. 215, 843 N.W.2d 215.
Order
By order of February 5, 2014, the prosecuting attorney was directed to address whether the imposition of consecutive sentences in this case violates the Ex Post Facto Clauses of the United States and Michigan Constitutions: U.S. Const., art. I, § 10, cl. 1; Const. 1963, art. 1, § 10. On order of the Court, the answer having been received, the application for leave to appeal the July 23, 2013 judgment of the Court of Appeals is again considered. The prosecuting attorney has conceded that it was error to order consecutive sentences because the criminal act preceded the amendment authorizing consecutive sentences. Therefore, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court to amend the judgment of sentence to reflect that the sentences imposed in this case are to run concurrently. People v. Sawyer, 410 Mich. 531, 302 N.W.2d 534 (1981). In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.