Opinion
SC: 158813 COA: 340938
02-02-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Roy John KLINESMITH, Defendant-Appellant.
Order
By order of July 29, 2019, the application for leave to appeal the November 15, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Betts . On order of the Court, Betts having been decided on July 27, 2021, 507 Mich. 527, 968 N.W.2d 497 (2021), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and we REMAND this case to the Court of Appeals for reconsideration in light of Betts . The Court of Appeals shall specifically address whether the rationale of People v. Tucker , 312 Mich.App. 645, 879 N.W.2d 906 (2015), regarding the "recapture" provision of MCL 28.723(1)(e) remains valid in light of Betts .
We do not retain jurisdiction.