Order Michigan Supreme Court
Lansing, Michigan
October 27, 2006 Clifford W. Taylor,
Chief Justice
131173 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: 131173
COA: 268389
Bay CC: 04-010378-FC
AUBREY CASSILE LOVE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 31, 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 REMAND this case to the Bay Circuit Court to consider
defendant’s claim for 100 days of additional sentence credit under MCL 769.11b. The
defendant avers that credit for 267 days should have been applied to his sentence instead
of 167 days. If the court determines that an error was made in the number of jail credit
days stated in the presentence report, it shall prepare and forward an amended judgment
of sentence to the Michigan Department of Corrections. 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.
October 27, 2006 _________________________________________
p1024 Clerk