Opinion
SC: 151610 COA: 317633
02-02-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Vincent Ralph BOSCA, Defendant-Appellant.
Order
By order of May 25, 2018, the application for leave to appeal the March 26, 2015 judgment of the Court of Appeals was held in abeyance pending the decisions in People v. Tucker and People v. Snyder (Docket No. 153696). On order of the Court, Tucker having been dismissed on September 5, 2018, 503 Mich. 854, 916 N.W.2d 487 (2018), and Snyder having been decided on October 8, 2021, ––– Mich. ––––, 964 N.W.2d 594 (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE Part XIII of the Court of Appeals judgment and we REMAND this case to the Macomb Circuit Court for further proceedings consistent with People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021). The crime for which the defendant was required to register under the Sex Offenders Registration Act, MCL 28.721 et seq. – unlawful imprisonment – was made a "listed offense" by 2011 PA 17. The retroactive application of 2011 PA 17 to the defendant, which became effective after he committed the unlawful imprisonment offense in this case, violates the federal and state constitutional prohibitions on ex post facto laws. Betts , supra. In light of this determination, the defendant's remaining challenges to 2011 PA 17 are moot. 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. The motion to remand for resentencing is DENIED as moot.
Viviano, J., did not participate because he presided over this case in the circuit court.