Opinion
Docket No. 144480.COA No. 298072.
3/26/2012
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Laurino James SCAFONE, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the December 1, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of the newly discovered October 3, 2008 transcript of the defendant's waiver of his right to a jury trial. If the court determines that the defendant validly waived his right to a jury trial, then it should address the defendant's claim of ineffective assistance of counsel.
We do not retain jurisdiction.