Order Michigan Supreme Court
Lansing, Michigan
April 14, 2006 Clifford W. Taylor,
Chief Justice
129439 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: 129439
COA: 263356
Gr Traverse CC: 04-009485-FH
CARIEL NICHOLAS DURR,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 25, 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 Court of Appeals for
consideration, as on leave granted, of whether Offense Variables 1, 9, and 12 were
properly scored.
We do not retain jurisdiction.
WEAVER, J., would deny leave to appeal as I see no need to remand this case.
CORRIGAN and YOUNG, JJ., would deny leave to appeal.
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.
April 14, 2006 _________________________________________
p0411 Clerk