Order Michigan Supreme Court
Lansing, Michigan
September 28, 2011 Robert P. Young, Jr.,
Chief Justice
142958 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: 142958
COA: 302167
Saginaw CC: 08-030676-FH
BRENT ROY HARRINGTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 3, 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 REMAND this case to the Saginaw Circuit Court. The court
articulated a substantial and compelling reason for departing from the guidelines when
imposing a sentence following a probation violation, but it failed to articulate any
rationale to justify imposition of the longest possible minimum sentence. People v Smith,
482 Mich 292 (2008). On remand, the court shall either issue an order that articulates
why this level of departure 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, 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.
September 28, 2011 _________________________________________
y0921 Clerk