Order Michigan Supreme Court
Lansing, Michigan
September 10, 2008 Clifford W. Taylor,
Chief Justice
136073 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 136073
COA: 272547
Kent CC: 06-000997-FC
KEITH BURNELL DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 29, 2008
judgment of the Court of Appeals is considered, and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we VACATE in part the judgment of the Court of
Appeals, and we REMAND this case to the Kent Circuit Court for reconsideration of
scoring offense variable 10, MCL 777.40, in light of this Court’s decision in People v
Cannon, 481 Mich 152 (2008). 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.
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.
September 10, 2008 _________________________________________
s0903 Clerk