Order Michigan Supreme Court
Lansing, Michigan
December 18, 2008 Clifford W. Taylor,
Chief Justice
136852 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 136852
COA: 284739
Jackson CC: 05-001612-FC
JEFFREY LAWRENCE BEMER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 15, 2008 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration as on leave granted. The Court of Appeals shall address whether a
sentencing judge has discretion under MCL 777.22(1) and MCL 777.42(1) to purposely
score Offense Variable 12 at zero points in order to achieve a higher score under Offense
Variable 13.
We do not retain jurisdiction.
KELLY, J., would grant leave to appeal.
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 18, 2008 _________________________________________
l1218 Clerk