Order Michigan Supreme Court
Lansing, Michigan
September 6, 2011 Robert P. Young, Jr.,
Chief Justice
142868(43) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 142868
COA: 292529
CORDARRELL ISIAH SIMS, Macomb CC: 2008-000791-FC
Defendant-Appellee.
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On order of the Court, the motion for reconsideration of this Court’s June 28, 2011
order is considered, and it is GRANTED. On reconsideration, we MODIFY our order
dated June 28, 2011. For the reasons stated in that order, the Court of Appeals erred in
ordering resentencing based on the scoring of Offense Variable 13 under MCL 777.43.
But in addition to reversing, in part, the judgment of the Court of Appeals, we REMAND
this case to the Court of Appeals for consideration of the issue raised by the defendant but
not addressed by that court during its initial review of this case.
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 6, 2011 _________________________________________
h0829 Clerk