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People v. Wilding

Supreme Court of Michigan

May 29, 2015

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
GORDON BENJAMIN WILDING, Defendant-Appellant

COA: 309245. Livingston CC: 10-018981-FH.

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.

ORDER

On April 2, 2014, the Court heard oral argument on the application for leave to appeal the July 16, 2013 judgment of the Court of Appeals. By order of March 25, 2015, we directed supplemental briefing. On order of the Court, the application is again considered. MCR 7.302(H)(1). In lieu of granting leave to appeal, we VACATE those parts of the Court of Appeals judgment holding that offense variable 8 (MCL 777.38(1)(a)) and offense variable 10 (MCL 777.40(1)(a)) were scored correctly, and that trial counsel was not ineffective for failing to object to the scoring of those variables. We REMAND this case to the Livingston Circuit Court for an evidentiary hearing, pursuant to People v Ginther, 390 Mich. 436; 212 N.W.2d 922 (1973), as to whether the defendant's trial counsel was ineffective for failing to object to the scoring of OVs 8 and 10. 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.

We do not retain jurisdiction.


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