PEOPLE v. SMITH, 472 Mich. 865 (2005)

692 N.W.2d 844

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CARL EDWARD SMITH, Defendant-Appellant.

No. 126920.Supreme Court of Michigan.
February 28, 2005.

SC: 126920, COA: 255799, Genesee CC: 02-011075-FH.

On order of the Court, the application for leave to appeal the July 15, 2004 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Genesee Circuit Court pursuant to MCR 6.425(D)(3) to correct or delete the challenged information in the presentence report that was not taken into account in sentencing and, if necessary, to amend the restitutionary amount prescribed by the judgment of sentence, which appears to exceed the total of the amounts defendant fraudulently obtained or embezzled reflected in the presentence report’s victim loss summary. In all other respects, leave to appeal is DENIED.

We do not retain jurisdiction.

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