Opinion
SC: 159791 COA: 348186
12-30-2019
Order
On order of the Court, the application for leave to appeal the May 1, 2019 order of the Court of Appeals is considered. We DIRECT the Allegan County Prosecuting Attorney to file a response to the application for leave to appeal within 28 days after the date of this order. The response shall be limited to whether the trial court erred pursuant to the rule of People v. Tanner , 387 Mich. 683, 690, 199 N.W.2d 202 (1972), and MCL 769.34(2)(b), by imposing a 200-month minimum sentence when the applicable maximum sentence for third-degree criminal sexual conduct by a second-offense habitual offender is 270 months. See MCL 750.520d(2) and MCL 769.10(1)(a).
The application for leave to appeal remains pending.