People v. Buehler

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  March 10, 2006                                                                                         Clifford W. Taylor,
                                                                                                                 Chief Justice

  129923                                                                                               Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
  PEOPLE OF THE STATE OF MICHIGAN,                                                                     Robert P. Young, Jr.
            Plaintiff-Appellant,                                                                       Stephen J. Markman,
                                                                                                                      Justices

  v                                                                 SC: 129923
                                                                    COA: 254298
                                                                    Ottawa CC: 02-026593-FH
  NICHOLAS JAMES BUEHLER,
            Defendant-Appellee.

  _________________________________________/

          On order of the Court, the application for leave to appeal the October 27, 2005
  judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
  lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and
  REMAND this case to that court to consider: (1) whether the circuit court provided
  substantial and compelling reasons for imposing a sentence that the circuit court
  acknowledged was a departure from the guidelines, see People v Babcock, 469 Mich 247,
  257-258 (2003), and (2) whether any term of imprisonment that may be imposed by the
  circuit court is controlled by the legislative sentencing guidelines or by the indeterminate
  sentence prescribed by MCL 750.335a.

         We do not retain jurisdiction.

         CAVANAGH, J., 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.
                           March 10, 2006                      _________________________________________
           s0307                                                               Clerk