May 27, 2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
SHAQUILLE JOEL SHERMAN, Defendant-Appellant
COA: 317800. Wayne CC: 13-000288-FC.
Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.
On order of the Court, the application for leave to appeal the November 13, 2014 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 tat part of the Court of Appeals opinion suggesting that a " completed larceny" is an element of unlawfully driving away a motor vehicle (UDAA). This Court expressly rejected that conclusion in People v Cain, 495 Mich. 874; 838 N.W.2d 150 (2013). We otherwise AFFIRM the Court of Appeals holding that defendant's multiple punishments for carjacking and UDAA do not violate his double jeopardy rights, for the reasons set forth in Cain. 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.