Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
141849 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 141849
COA: 299922
Lenawee CC: 09-014205-FH
RANDI MARIE CARR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 30, 2010
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 Lenawee Circuit Court, and
we REMAND this case to that court for resentencing. The trial court committed plain
legal error in scoring Offense Variable (OV) 1 because the defendant did not use the
methadone against her child as a weapon, as is required to score the variable. MCL
777.31. 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.
March 23, 2011 _________________________________________
d0316 Clerk