Opinion
No. 118087 (14).
March 25, 2002.
COA: 229805, Genesee CC: 99-004796-FC
On September 11, 2001, we ordered the prosecutor to show cause why the defendant should not be resentenced because the 450-month to 50-year sentence for second-degree murder violates MCL 769.34(2)(b). The prosecutor has responded, agreeing that resentencing is required. Accordingly, the defendant's application for leave to appeal from the October 26, 2000, decision of the Court of Appeals is again considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Genesee Circuit Court for resentencing in compliance with MCL 769.34(2)(b). The circuit court is directed to reduce defendant's minimum sentence as required by People v Thomas, 447 Mich. 390 (1994).
We do not retain jurisdiction.