People v. Olson

Order Michigan Supreme Court Lansing, Michigan May 24, 2006 Clifford W. Taylor, Chief Justice 129257 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: 129257 COA: 259872 Genesee CC: 03-012078 RYAN WILLIAM OLSON, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the June 24, 2005 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 Genesee Circuit Court for resentencing. The circuit court determined that the defendant’s sentencing guidelines were misscored and that the applicable guidelines range was lower than the one within which the defendant was originally sentenced. Under these circumstances, resentencing is required. People v Francisco (Docket No. 129035), 474 Mich ___ (2006). On remand, the court shall sentence defendant within the appropriate sentencing guidelines range, 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. We do not retain jurisdiction. WEAVER, J., dissents and states as follows: For the reasons set forth in the dissenting opinion that I joined in People v Francisco (Docket No. 129035), 474 Mich ___ (2006), I would deny leave to appeal rather than remand for resentencing. 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. May 24, 2006 _________________________________________ d0517 Clerk