People of Michigan v. Mario Timothy Johnson

Order Michigan Supreme Court Lansing, Michigan November 22, 2010 Marilyn Kelly, Chief Justice 140336 & (21) Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis, Plaintiff-Appellee, Justices v SC: 140336 COA: 293833 Wayne CC: 05-005425 MARIO TIMOTHY JOHNSON, Defendant-Appellant. _________________________________________/ By order of July 15, 2010, the prosecuting attorney was directed to answer the application for leave to appeal the November 23, 2009 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court and we REMAND this case to the trial court for resentencing in light of People v Hendrick, 472 Mich 555 (2005). On remand, the trial court shall sentence the defendant within the appropriate sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range in accordance with People v Babcock, 469 Mich 247 (2003). 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. November 22, 2010 _________________________________________ s1115 Clerk