Opinion
SC 163590 COA 357632
05-03-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JULIAN CHRISTOPHER THURMAN, a/k/a JULIAN CHRISTIAN THURMAN, Defendant-Appellant.
Livingston CC: 19-025681-FH
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of January 31, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the August 17, 2021 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 REMAND this case to the Livingston Circuit Court for the ministerial task of correcting the judgment of sentence. On remand, the trial court shall indicate on the judgment of sentence that the defendant pleaded guilty to MCL 333.7401(2)(a)(iii) as a fourth habitual offender under MCL 769.12, not as a second offense under MCL 333.7413(2)(a). 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.