Order Michigan Supreme Court
Lansing, Michigan
February 1, 2012 Robert P. Young, Jr.,
Chief Justice
143668 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143668
COA: 304372
Kent CC: 10-004237-FH
ROBERT ANTHONY TAYLOR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 13, 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 sentence of the Kent Circuit Court, and we
REMAND this case to the trial court for resentencing. The prosecutor acknowledged and
the circuit court agreed that the defendant’s sentencing guidelines were misscored and
that the applicable guidelines range was lower than the one within which the defendant
was originally sentenced. However, the defendant was not present when the trial court
affirmed the previous sentence by articulating reasons for departing from the properly
scored sentencing guidelines range. MCL 769.34(7); MCR 6.425(F)(4).
We do not retain jurisdiction.
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.
February 1, 2012 _________________________________________
h0125 Clerk