Order Michigan Supreme Court
Lansing, Michigan
February 5, 2014 Robert P. Young, Jr.,
Chief Justice
147666 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 147666
COA: 310135
Wayne CC: 11-011532-FC
ANTHONY ELIJAH RHODES,
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the August 1, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we VACATE in part the judgment of the Court of
Appeals and we REMAND this case to the Court of Appeals for reconsideration in light
of People v Hardy, 494 Mich 430, 438 (2013), and People v Osantowski, 481 Mich 103,
111–112 (2008). Determining whether a trial court properly scored sentencing variables
is a two-step process. First, the trial court’s factual determinations are reviewed for clear
error and must be supported by a preponderance of the evidence. Hardy, 494 Mich at
438. The clear error standard asks whether the appellate court is left with a definite and
firm conviction that a mistake has been made. See Douglas v Allstate Ins Co, 492 Mich
241, 256–257 (2012). Second, the appellate court considers de novo “whether the facts,
as found, are adequate to satisfy the scoring conditions prescribed by statute.” Hardy,
494 Mich at 438. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
I, Larry S. Royster, 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.
February 5, 2014
t0129
Clerk
People of Michigan v. Anthony Elijah Rhodes
Combined Opinion