Opinion
No. 141344.
October 20, 2010.
Order
SC: 141344, COA: 297511, Lenawee CC: 09-014103-FC
On order of the Court, the application for leave to appeal the May 14, 2010 order of the Court of Appeals is considered. We DIRECT the Lenawee County Prosecutor, within 28 days after the date of this order, to answer the following questions: (1) where the defendant entered a guilty plea in exchange for the trial court's agreement to sentence him within the guidelines pursuant to People v Cobbs, 443 Mich 276, 283 (1993), and the court departed from the applicable guidelines range, is the defendant entitled to withdraw his guilty plea or to resentencing within the applicable guidelines range; (2) because the trial court agreed to sentence the defendant within the sentencing guidelines range, is the defendant entitled to a remand for a determination of whether his sentencing guidelines were accurately scored; and (3) were the defendant's offense variables for his conviction of felon in possession of a firearm inaccurately scored in light of the decision in People v McGraw, 484 Mich 120 (2009)?
DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).
The application for leave to appeal remains pending.