People of Michigan v. Joseph William Inwood ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
January 31, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
153776 & (24) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153776
COA: 331373
Macomb CC: 2015-001777-FH;
JOSEPH WILLIAM INWOOD, 2015-001779-FH
Defendant-Appellant.
____________________________________/
By order of December 7, 2016, the prosecuting attorney was directed to answer
the application for leave to appeal the April 5, 2016 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we VACATE the sentence of the Macomb Circuit Court in Case No. 2015-001779-FH,
and we REMAND this case to the trial court for resentencing. The prosecuting attorney
has conceded that the trial court erred by assigning 50 points under Offense Variable
(OV) 11, MCL 777.41. Because correcting the OV score would change the applicable
guidelines range, resentencing is required. People v Kimble, 470 Mich. 305 (2004). In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions should be reviewed by this Court. The motion to hold the
application in abeyance is DENIED.
We do not retain jurisdiction.
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.
January 31, 2017
a0123
Clerk