Order Michigan Supreme Court Lansing, Michigan

November 27, 2019 Bridget M. McCormack, Chief Justice

157838 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 157838 COA: 335955 Wayne CC: 16-002935-FC JOHNATHAN LAMAR BURKS, Defendant-Appellant.

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By order of October 30, 2018, the application for leave to appeal the April 3, 2018 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Beck (Docket No. 152934) and People v Dixon-Bey (Docket No. 156746). On order of the Court, Beck having been decided on July 29, 2019, 504 Mich ___ (2019), and leave to appeal having been denied in Dixon-Bey on July 29, 2019, 504 Mich ___ (2019), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of Appeals addressing the defendant’s sentence for home invasion, and we REMAND this case to that court for reconsideration in light of Beck. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. November 27, 2019 t1120 Clerk