Opinion
SC: 159516 COA: 343154
09-10-2021
Order
On October 8, 2020, the Court heard oral argument on the application for leave to appeal the March 5, 2019 judgment of the Court of Appeals. On order of the Court, the application is again considered, and it is DENIED, there being no majority in favor of granting leave to appeal or taking other action.
Clement, J. (dissenting).
I respectfully dissent from this Court's order denying the prosecutor's application for leave to appeal. For the reasons expressed by dissenting Judge GADOLA at the Court of Appeals, I would have reversed and remanded for reinstatement of the torture charge against defendant. People v. Terrance , unpublished per curiam opinion of the Court of Appeals, issued March 5, 2019 (Docket No. 343154), 2019 WL 1049701 ( GADOLA , J., dissenting).
Zahra and Viviano, JJ., join the statement of Clement, J.
Welch, J., did not participate in the disposition of this case because the Court considered it before she assumed office.