Order Michigan Supreme Court
Lansing, Michigan
November 29, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133632 & (16) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 133632
COA: 275598
Berrien CC: 2006-400863-FC
MAURICE ALAN VADEN,
Defendant-Appellant.
_________________________________________/
By order of September 26, 2007, the prosecuting attorney was directed to answer
the application for leave to appeal the February 15, 2007 order of the Court of Appeals.
On order of the Court, the answer having been received, the application for leave to
appeal is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to
appeal, we VACATE the sentence of the Berrien Circuit Court, and we REMAND this
case to the trial court for resentencing. The prosecuting attorney concedes that the
defendant should have been scored zero points for OV 9 in light of People v Melton, 271
Mich App 590 (2006), and that the defendant is entitled to resentencing. People v
Francisco, 474 Mich 82 (2006). In all other respects, leave to appeal is DENIED,
because we are not persuaded that the 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.
November 29, 2007 _________________________________________
d1119 Clerk