People of Michigan v. Javier Escobedo ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
June 19, 2019 Bridget M. McCormack,
Chief Justice
159166 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159166
COA: 346371
Cass CC: 17-010189-FH
JAVIER ESCOBEDO,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 27, 2018
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the January 17, 2018 amended judgment of
sentence, and we REMAND this case to the Cass Circuit Court to reinstate the December
15, 2017 judgment of sentence. People v Comer, 500 Mich 278 (2017). We further
VACATE that part of the December 15, 2017 judgment of sentence imposing a $500
fine. MCL 769.1k(1)(b)(i). MCL 750.520b does not authorize a fine. 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, 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.
June 19, 2019
t0612
Clerk