Opinion
SC: 165216 COA: 363771
09-08-2023
Order
By order of May 2, 2023, the prosecuting attorney was directed to answer the application for leave to appeal the December 20, 2022 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Hillsdale Circuit Court's award of restitution in the amount of $900, and REMAND this case to that court for it to articulate evidentiary support for a restitution award. On remand, the circuit court shall ensure that a corrected copy of the presentence investigation report is prepared and that any restitution ordered is supported by a preponderance of the evidence. MCR 6.425(D)(2)(a) and (b).
We do not retain jurisdiction.