Opinion
SC 164937 COA 362291
04-27-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. TIMOTHY JACOB SMITH, Defendant-Appellant.
Jackson CC: 20-004416-FH
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of January 31, 2023, the prosecuting attorney was directed to answer the application for leave to appeal the August 29, 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 and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Jackson Circuit Court and we REMAND this case to that court for resentencing. The prosecuting attorney has conceded that the trial court erred in scoring Offense Variable (OV) 3, MCL 777.33. Because correcting the OV score would change the applicable guidelines range, resentencing is required. People v Francisco, 474 Mich. 82 (2006). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.