People v. Durr

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