Order Michigan Supreme Court
Lansing, Michigan
November 29, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128892 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 128892
COA: 262024
Antrim CC: 01-003492-FH
JOHNNY K. SPARKS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 27, 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 VACATE the sentence of the Antrim Circuit Court and
REMAND this case to that court for resentencing, within 56 days of the date of this
order, consistent with People v Hendrick, 472 Mich 555 (2005), and People v Babcock,
469 Mich 247 (2003). In all other respects, leave to appeal is DENIED, because we are
not persuaded that the questions presented should be reviewed by this Court.
We do not retain jurisdiction.
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.
November 29, 2005 _________________________________________
d1121 Clerk