Opinion
SC 162386 COA 354847
11-29-2021
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. GLENN ALLEN ZANTELLO, Defendant-Appellant.
Van Buren CC: 2019-022045-FH
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of June 4, 2021, the prosecuting attorney was directed to answer the application for leave to appeal the October 27, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Van Buren Circuit Court to determine whether it took the challenged information in the Presentence Investigation Report (PSIR) into account at sentencing, and if so to explain its relevance. If the court determines that the challenged information was either inaccurate or irrelevant to the defendant's sentence, the court shall direct the probation officer to correct or delete the challenged information from the PSIR as required by MCR 6.425(D)(2)(a) and MCL 771.14(6) and assure that a corrected copy of the report is prepared and transmitted to the Michigan Department of Corrections per MCR 6.425 and MCL 771.14(6). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
Zahra and Viviano, JJ., would deny leave to appeal.