Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
140921 (63) Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Justices
Plaintiff-Appellee/
Cross-Appellant,
v SC: 140921
COA: 287859
Branch CC: 06-108611-FH
TIMOTHY ALLEN MILLER,
Defendant-Appellant/
Cross-Appellee.
_________________________________________/
By order of June 28, 2010, the application for leave to appeal as cross-appellant
from the February 16, 2010 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
for leave to appeal as cross-appellant is again considered and, pursuant to MCR
7.302(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of
Appeals judgment that vacated the defendant’s sentence and remanded for resentencing,
and we REINSTATE the judgment of sentence. Offense Variable 19 was correctly
scored at 10 points. See People v Smith, supra.
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.
March 23, 2011 _________________________________________
d0316 Clerk