PEOPLE v. AVERY, 467 Mich. 955 (2003)

656 N.W.2d 533

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DAVID AVERY, Defendant-Appellant.

No. 121352.Supreme Court of Michigan.
February 4, 2003.

COA: 220595, Oakland CC: 98-161142-FH

On order of the Court, the delayed application for leave to appeal from the February 5, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE that portion of the Court of Appeals opinion pertaining to restitution and REMAND the matter to the Oakland Circuit Court for recalculation and explanation of the amount of restitution due to the complainant and

Page 956

to refund any amount overpaid to defendant. In all other respects, the application for leave to appeal is considered, and it is DENIED.

We do not retain jurisdiction.

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