Order Michigan Supreme Court
Lansing, Michigan
September 24, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
148531 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 148531
COA: 318145
Genesee CC: 12-030097-FC
KRISTOPHER KYLE McCHESTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 2, 2014 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(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 the defendant is entitled to resentencing
based on a misscoring of Offense Variable (OV) 4 (psychological injury to victim), MCL
777.34. 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.
We further DIRECT the Court of Appeals to REMAND this case first to the
Genesee Circuit Court, in accordance with Administrative Order 2003-03, so that the
circuit court can determine whether the defendant is indigent and, if so, to appoint
counsel to represent the defendant in the Court of Appeals.
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.
September 24, 2014
h0917
Clerk
People of Michigan v. Kristopher Kyle McChester
Combined Opinion