Opinion
SC: 149949
12-23-2014
Order
Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, Justices COA: 311755
Wayne CC: 11-008346-FH
On order of the Court, the application for leave to appeal the June 24, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court. The court articulated substantial and compelling reasons for departing from the guidelines with respect to the defendant's convictions for armed robbery, assault with intent to murder, and torture, but it failed to articulate any rationale for the particular departures made. People v Smith, 482 Mich 292 (2008). On remand, the court shall either issue an order that articulates why the extent of the departures is warranted, or resentence the defendant. 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, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
December 23, 2014
/s/_________
Clerk