Opinion
SC: 155570 COA: 336467
09-12-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dana Lynn COOK, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the February 21, 2017 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of the following issues: (1) whether the defendant's plea was conditional and reserved her right to appeal, (2) whether the defendant waived appeal of the trial court's decision denying her an evidentiary hearing under Section 8 of the Michigan Medical Marihuana Act, MCL 333.26421 et seq. , if her guilty plea was not conditional, and (3) if the defendant has preserved her right to appeal, whether the trial court erred in denying defendant a Section 8 evidentiary hearing.