843 N.W.2d 214

Mich.

2014

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v ANTHONY ELIJAH RHODES, Defendant-Appellant.

SC: 147666; COA: 310135; Wayne CC: 11-011532-FC

Michigan Supreme Court

February 5, 2014

Robert P. Young, Jr., Chief Justice; Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices

Order

On order of the Court, the application for leave to appeal the August 1, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE in part the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of People v Hardy, 494 Mich 430, 438 (2013), and People v Osantowski, 481 Mich 103, 111-112 (2008). Determining whether a trial court properly scored sentencing variables is a two-step process. First, the trial court‘s factual determinations are reviewed for clear error and must be supported by a preponderance of the evidence. Hardy, 494 Mich at 438. The clear error standard asks whether the appellate court is left with a definite and firm conviction that a mistake has been made. See Douglas v Allstate Ins Co, 492 Mich 241, 256-257 (2012). Second, the appellate court considers de novo “whether the facts, as found, are adequate to satisfy the scoring conditions prescribed by statute.” Hardy, 494 Mich at 438. 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.

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.

February 5, 2014

Clerk