Opinion
SC: 163338 COA: 356981 SC: 163339 COA: 356982
04-05-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Bryan Marshall WEST, Defendant-Appellant. People of the State of Michigan, Plaintiff-Appellee, v. Bryan Marshall West, Defendant-Appellant.
Order
By order of October 8, 2021, the prosecuting attorney was directed to answer the applications for leave to appeal the May 28, 2021 orders of the Court of Appeals. On order of the Court, the answers having been received, the applications for leave to appeal are again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the defendant's conviction for failure to comply with the Sex Offenders Registration Act, MCL 28.721 et seq. , in No. 17-002956-FH. The retroactive application of 2011 PA 17 to the defendant, after the March 2011 offense that required him to register, violates the federal and state constitutional prohibitions on ex post facto laws. People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021). We REMAND this case to the Alcona Circuit Court for further proceedings consistent with Betts . 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. The motions to vacate sentence and the motions to remand are DENIED as moot, without prejudice to the defendant moving for resentencing in No. 17-002961-FH on remand. The motions for appointment of counsel are DENIED, without prejudice to the defendant renewing his request on remand.
We do not retain jurisdiction.