Order Michigan Supreme Court
Lansing, Michigan
January 22, 2010 Marilyn Kelly,
Chief Justice
139744 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139744
COA: 291568
Oakland CC: 04-196979-FH
NICHOLAS CHAPMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 11, 2009
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the issue whether the defendant’s challenge to the
score rendered for offense variable 13 is timely or is otherwise preserved for appellate
review, and if so, whether the variable was correctly scored. In all other respects, leave
to appeal is DENIED, because we are not persuaded that the remaining question
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.
January 22, 2010 _________________________________________
0114 Clerk