People v. Timm

Order Supreme Court Lansing, Michigan September 21, 2005 Clifford W. Taylor, Chief Justice Michael F. Cavanagh 126599 Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, Plaintiff-Appellee, Justices v SC: 126599 COA: 254610 St. Joseph CC: 02-109461-FH 02-113591-FH TRACY LYNN TIMM, Defendant-Appellant. _________________________________________/ By order of December 29, 2004, the applications for leave to appeal were held in abeyance pending the decision in People v Hendrick (Docket No. 126371). On order of the Court, the opinion having been issued on June 14, 2005, 472 Mich 555 (2005), the application is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the sentence of the St. Joseph Circuit Court and REMAND to that court for resentencing in light of Hendrick and People v Babcock, 469 Mich 247 (2003). 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. September 21, 2005 _________________________________________ p0914 Clerk