Opinion
No. 133632.
November 29, 2007.
Court of Appeals No. 275598.
Summary Dispositions November 29, 2007:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the sentence of the Berrien Circuit Court, and we remand this case to the trial court for resentencing. The prosecuting attorney concedes that the defendant should have been scored zero points for offense variable 9 in light of People v Melton, 271 Mich App 590 (2006), and that the defendant is entitled to resentencing. People v Francisco, 474 Mich 82 (2006). In all other respects, leave to appeal is denied, because we are not persuaded that the questions presented should be reviewed by this Court. We do not retain jurisdiction.