Order Michigan Supreme Court
Lansing, Michigan
April 23, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
144213 & (21) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 144213
COA: 305136
Oakland CC: 2011-236370-FH;
HANEEF VERNON GARRETT, 2009-227878-FH; 2009-227780-FH;
Defendant-Appellant. 2011-235606-FH
____________________________________/
On order of the Court, the motion for miscellaneous relief is GRANTED. The
application for leave to appeal the October 11, 2011 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
VACATE the sentences of the Oakland Circuit Court in case nos. 2009-227878-FH and
2009-227780-FH, and REMAND this case to that court for resentencing. On remand, the
trial court shall sentence the defendant within the appropriate sentencing guidelines
range, or articulate on the record a substantial and compelling reason for departing from
the sentencing guidelines range in accordance with People v Hendrick, 472 Mich 555
(2005), People v Babcock, 469 Mich 247 (2003), and People v Smith, 482 Mich 292
(2008). In addition, the judgment of sentence in case no. 2011-236370-FH shall be
amended to delete the requirement that the defendant register as a sex offender, and the
requirement shall be added to the judgment of sentence in case no. 2009-227878-FH. 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.
I, Corbin R. Davis, 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.
April 23, 2012 _________________________________________
d0416 Clerk