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People v. Carter

Supreme Court of Michigan

December 30, 2014

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
CHARLES JOSEPH CARTER, Defendant-Appellant

COA: 321801. Wayne CC: 13-007405-FC.

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 June 26, 2014 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 Court of Appeals for reconsideration of the defendant's issue regarding the Wayne Circuit Court's assessment of court costs. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in People v Konopka (Court of Appeals Docket No. 319913). After Konopka is decided, the Court of Appeals shall reconsider the defendant's issue in light of People v Cunningham, 496 Mich. 145; 852 N.W.2d 118 (2014), MCL 769.1k (as amended effective October 17, 2014), and Konopka. It shall then deny or grant the application on this issue, or otherwise exercise its authority under MCR 7.216(A)(7).


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