Order Michigan Supreme Court
Lansing, Michigan
November 29, 2006 Clifford W. Taylor,
Chief Justice
131948 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: 131948
COA: 270554
Kent CC: 04-009132-FC
04-008989-FC
JEFFREY SCOTT PENA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 10, 2006 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE the defendant’s safe breaking sentence, and we
REMAND this case to the Kent Circuit Court for resentencing on that conviction. On
remand, the trial court shall sentence the defendant within the appropriate sentencing
guidelines range for the safe breaking conviction, or articulate on the record a substantial
and compelling reason for departing from the sentencing guidelines range in accordance
with People v Babcock, 469 Mich 247 (2003). 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.
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, 2006 _________________________________________
p1120 Clerk