Opinion
SC: 151679 COA: 325132
02-02-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Rodney PERNA, Defendant-Appellant.
Order
By order of May 25, 2018, the application for leave to appeal the April 3, 2015 order of the Court of Appeals was held in abeyance pending the decisions in People v. Tucker and People v. Snyder . 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 REMAND this case to the Court of Appeals for reconsideration in light of People v. Betts , 507 Mich. 527, 968 N.W.2d 497 (2021), and direct that it hold this case in abeyance pending its decision in People v. Klinesmith (Docket No. 158813), ––– Mich. ––––, 969 N.W.2d 57 (2022), which we remanded to the Court of Appeals by order of February 2, 2022. After Klinesmith is decided, the Court of Appeals shall reconsider this case in light of Klinesmith . The Court of Appeals shall also address the prosecution's concession in this Court that the defendant is entitled to an adjustment to the amount of restitution ordered. See People v. McKinley , 496 Mich. 410, 852 N.W.2d 770 (2014).
We do not retain jurisdiction.