Order Michigan Supreme Court
Lansing, Michigan
December 30, 2009 Marilyn Kelly,
Chief Justice
Michael F. Cavanagh
Elizabeth A. Weaver
138963 Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 138963
COA: 291275
Wayne CC: 00-002572-FH
MACCEO ROZIER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 15, 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 VACATE the sentence of the Wayne Circuit Court, and
REMAND this case to that court for resentencing. 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 Hendrick, 472 Mich 555 (2005), People v
Babcock, 469 Mich 247 (2003), and People v Smith, 482 Mich 292 (2008). 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.
WEAVER, J. (dissenting).
I dissent from the order remanding this case to the trial court. Applying the
analysis of my partial dissent and partial concurrence in People v Babcock, 469 Mich
247, 280-284 (2003), I would deny leave. The trial court satisfied the requirement of “a
substantial and compelling reason” for its departure from the sentencing guidelines, MCL
769.34(3), and its decision did not venture beyond the range of principled outcomes
under the circumstances.
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.
December 30, 2009 _________________________________________
d1217 Clerk