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