Order Michigan Supreme Court
Lansing, Michigan
April 28, 2010 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
140187 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 140187
COA: 284983
Tuscola CC: 07-010401-FH
JAMES HENRY TAYLOR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 27, 2009
judgment 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 Tuscola Circuit Court
and we REMAND this case to the trial court for resentencing. For the reasons stated in
the Court of Appeals dissenting opinion, the trial court erred in the scoring of OV 10. 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.
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, 2010 _________________________________________
d0421 Clerk