Opinion
No. 116255 (16).
February 9, 2000.
On order of the Court, the motion for immediate consideration is considered, and it is GRANTED. The application for leave to appeal from the January 26, 2000 decision of the Court of Appeals also is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the January 26, 2000 order of the Court of Appeals, and we REMAND the case to that Court for reconsideration of the defendant's motion for an appeal bond. On remand, the Court of Appeals must expedite its reconsideration of the motion and issue a new order that specifically delineates the rationale for either granting or denying the motion. SeePeople v Giacalone, 16 Mich. App. 352 (1969).
We further ORDER that the defendant report to the Department of Corrections, the Oakland County Sheriff or the Michigan State Police not later than 3:00 p.m. on February 10, 2000. If the defendant fails to report by that time, the Oakland County Circuit Court must issue a warrant for his immediate arrest.
Cavanagh and Kelly, JJ., would deny leave to appeal.
Court of Appeals No. 224173.