Opinion
SC: 161607 COA: 335193
01-20-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Aaron Antwaun ROBINSON, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the May 14, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, VACATE the sentences for first-degree home invasion and safe-breaking, and REMAND this case to the Genesee Circuit Court for resentencing. When the trial court departed upward from the recommended guidelines range, it improperly sentenced the defendant based in part on acquitted conduct. People v. Beck , 504 Mich. 605, 939 N.W.2d 213 (2019). On remand, the trial court must also reconsider whether to impose discretionary consecutive sentencing. The motion to add issue is DENIED.
We do not retain jurisdiction.