Opinion
No. 242162.
December 23, 2003.
Appeal from All Court of Appeals Judges, LC No. 02-009457-FH.
The Court orders that a special panel shall be convened pursuant to MCR 7.215(J) to resolve the conflict between this case and People v. Johnson, 205 Mich. App. 144; 517 N.W.2d 273 (1994).
The Court further orders that only Section I of the opinion in this case released on December 4, 2003, addressing the issue of the proper interpretation and application of MCL 769.11b is VACATED. MCR 7.215(J)(5).
Appellant may file a supplemental brief within 21 days of the Clerk's certification of this order. Appellee may file a supplemental brief within 21 days of service of appellant's brief. Nine copies must be filed with the Clerk of the Court.