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