Order Michigan Supreme Court
Lansing, Michigan
April 28, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
139735 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 139735
COA: 281868
Oakland CC: 2007-212596-FC
PAUL CHESTER GAGNIER,
Defendant-Appellant.
_________________________________________/
By order of March 31, 2010, the application for leave to appeal the August 6, 2009
judgment of the Court of Appeals was held in abeyance pending the decision in People v
Smith (Docket No. 140371). On order of the Court, the case having been decided on
December 29, 2010, 488 Mich 193 (2010), the application is again considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case
to the Oakland Circuit Court. The trial court articulated substantial and compelling
reasons to support a departure from the sentencing guidelines but failed to articulate any
rationale to justify the extent of the particular departure imposed in this case. People v
Smith, 482 Mich 292 (2008). On remand, the trial 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.
April 28, 2011 _________________________________________
d0421 Clerk