Opinion
368254
11-13-2023
People of Michigan v. Mario Javier Velasquez
LC No. 2023-000463-FH
Michael J. Kelly Presiding Judge Stephen L. Borrello Brock A. Swartzle Judges
ORDER
The confession of error is REJECTED because it does not actually concur in the relief requested by defendant in his application for leave to appeal. In the application and supporting brief defendant requests that this Court reverse his sentence and remand this case to the trial court with a requirement that the trial court sentence him within the recommended sentencing guidelines range. The prosecution does not indicate agreement with this requested relief in its confession of error but rather merely indicates a lack of objection to this case being remanded to the trial court to either articulate its reasons for the level of its departure from the sentencing guidelines or resentence defendant. The application will be submitted for a decision through the ordinary processes of the Court, with the confession of error being submitted to the panel assigned to decide the application. MCR 7.211(C)(7).