Opinion
No. 121998.
September 26, 2003.
Summary Disposition.
No. 121998. In lieu of granting leave to appeal, the judgments of the Court of Appeals and of the Wayne Circuit Court are reversed, and the case is remanded to the Wayne Circuit Court for entry of a judgment of conviction of voluntary manslaughter and for resentencing. MCR 7.302(G)(1). People v. Mendoza, 468 Mich 527 (2003), held that manslaughter is a necessarily included lesser offense of murder, and that a manslaughter instruction is warranted when a rational view of the evidence would support it. In this case, a rational view of the evidence would clearly support a voluntary manslaughter instruction. People v. Cornell, 466 Mich 335, 366 (2002). If, however, the prosecuting attorney is persuaded that the ends of justice would be better served, on notification to the Wayne Circuit Court before resentencing, the Wayne Circuit Court must vacate the judgment of conviction and grant a new trial on the charge that the defendant committed the crime of second-degree murder. Jurisdiction is not retained. Court of Appeals No. 227350.