*1 Order Michigan Supreme Court
Lansing, Michigan September 29, 2010 Marilyn Kelly,
Chief Justice 141178 Michael F. Cavanagh
Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis, Plaintiff-Appellee, Justices v SC: 141178
COA: 297169 Livingston CC: 07-016576-FH MICHAEL ANDREW JOHANSON,
Defendant-Appellant. _________________________________________/
On order of the Court, the application for leave to appeal the May 14, 2010 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Livingston Circuit Court for correction of the judgment of sentence, which places the defendant in the custody of the Department of Corrections for the misdemeanor offenses of possessing marijuana and obscene conduct. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.
I, Corbin R. Davis, 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. September 29, 2010 _________________________________________ p0922 Clerk