PEOPLE v. DAVIS, 463 Mich. 996 (2001)

625 N.W.2d 785

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. RICHARD DAVIS, Defendant-Appellant.

No. 117570.Supreme Court of Michigan.
April 24, 2001.

COA: 227704, Wayne CC: 96-7428

On order of the Court, the delayed application for leave to appeal from the July 26, 2000, decision of the Court of Appeals is considered, and pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the matter to the Wayne circuit court for resentencing. The trial court has authority to depart from the statutory maximum. MCL 769.9(3); MSA 28.1081(3).

We do not retain jurisdiction.

Corrigan, C.J., and Weaver and Young, JJ., would deny leave to appeal.

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