People v. Love

Order                                                                                        Michigan Supreme Court
                                                                                                   Lansing, Michigan

  October 27, 2006                                                                                       Clifford W. Taylor,
                                                                                                                 Chief Justice

  131173                                                                                               Michael F. Cavanagh
                                                                                                       Elizabeth A. Weaver
                                                                                                              Marilyn Kelly
                                                                                                         Maura D. Corrigan
  PEOPLE OF THE STATE OF MICHIGAN,                                                                     Robert P. Young, Jr.
            Plaintiff-Appellee,                                                                        Stephen J. Markman,
                                                                                                                      Justices

  v                                                                 SC: 131173
                                                                    COA: 268389
                                                                    Bay CC: 04-010378-FC
  AUBREY CASSILE LOVE,
           Defendant-Appellant.

  _________________________________________/

         On order of the Court, the application for leave to appeal the March 31, 2006 order
  of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
  granting leave to appeal, we REMAND this case to the Bay Circuit Court to consider
  defendant’s claim for 100 days of additional sentence credit under MCL 769.11b. The
  defendant avers that credit for 267 days should have been applied to his sentence instead
  of 167 days. If the court determines that an error was made in the number of jail credit
  days stated in the presentence report, it shall prepare and forward an amended judgment
  of sentence to the Michigan Department of Corrections. 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 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.
                           October 27, 2006                    _________________________________________
           p1024                                                               Clerk