Opinion
No. 117008.
December 27, 2000.
COA: 225970, Branch CC: 98-106694-FC.
On order of the Court, the delayed application for leave to appeal from the June 21, 2000, decision of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
Weaver, C.J., and Kelly and Markman, JJ., would remand this case to the Branch Circuit Court for an explanation, after hearing if necessary, of the portion of the plea agreement referring to use of the legislative guidelines, and a finding on whether the agreement was intended to limit the sentencing court's discretion to depart from the guidelines.