No. 140191.Supreme Court of Michigan.
May 26, 2010.
Court of Appeals No. 293187.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the sentence of the Wayne Circuit Court and we remand this case to that court for resentencing in ligh of People v Hendrick, 472 Mich 555 (2005). On remand, the trial court shall sentence the defendant within the appropriate sentencing guidelines range or state on the record a substantial and compelling reason for the departure, in accordance with MCL 769.34(3) and People v Babcock, 469 Mich 247 (2003). We note that under Hendrick, supra at 564, the acts giving rise to the probation violation may provide a substantial and compelling reason to depart.