Opinion
No. 133928.
November 21, 2007.
Reported below: 275 Mich App 158.
Summary Disposition November 21, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse that portion of the judgment of the Court of Appeals holding that Blakely v Washington, 542 US 296 (2004), applies to a trial court's factual determinations underlying a decision to depart from the sentencing guidelines. People v Harper, 479 Mich 599 (2007). We remand this case to the Court of Appeals to address the defendant's remaining arguments. 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.
I would deny leave to appeal.