Order Michigan Supreme Court Lansing, Michigan March 3, 2020 Bridget M. McCormack, Chief Justice 159804 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: 159804 COA: 348217 St. Clair CC: 18-000145-FC JASON JAY ROBINSON, Defendant-Appellant.

_________________________________________/ By order of November 20, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the May 15, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal 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 consideration, as on leave granted, of whether the St. Clair Circuit Court correctly scored Offense Variable (OV) 1, MCL 777.31, and OV 3, MCL 777.33. See People v McGraw, 484 Mich 120, 135 n 45 (2009).

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.

March 3, 2020 a0224 Clerk