Opinion
Docket No. 147018. COA No. 305040.
2013-10-25
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. John David GRATSCH, Defendant–Appellant.
Prior report: 299 Mich.App. 604, 831 N.W.2d 462.
Order
On order of the Court, the application for leave to appeal the February 28, 2013 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 that part of the Court of Appeals judgment holding that offense variable scoring errors are reviewed to determine whether there is adequate evidentiary support for a particular score and whether the sentencing court properly exercised its discretion. As this Court stated in People v. Hardy, 494 Mich. 430, 438, 835 N.W.2d 340 (2013): “Under the sentencing guidelines, the circuit court's factual determinations are reviewed for clear error and must be supported by a preponderance of the evidence. Whether the facts, as found, are adequate to satisfy the scoring conditions prescribed by statute, i.e., the application of the facts to the law, is a question of statutory interpretation, which an appellate court reviews de novo.” (Citing People v. Osantowski, 481 Mich. 103, 748 N.W.2d 799 (2008)). 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.