People v. Kelsey, 923 N.W.2d 883 (2019)

March 20, 2019 · Michigan Supreme Court · SC: 157940; COA: 329229
923 N.W.2d 883

PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
John Coryell KELSEY, II, Defendant-Appellant.

SC: 157940
COA: 329229

Supreme Court of Michigan.

March 20, 2019

Order

On order of the Court, the motion to file third supplemental authority is GRANTED. The December 19, 2018 motion for miscellaneous relief is DENIED. The February 1, 2019 motion for miscellaneous relief is DENIED with respect to the defendant's request to strike the prosecution's brief filed in this Court, but is GRANTED with respect to his request to add issues. The application for leave to appeal the April 17, 2018 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE Section XI of the judgment of the Court of Appeals, and we REMAND this case to the Ingham Circuit Court to conduct a restitution hearing. The defendant raised a timely objection to the amount of restitution requested by the prosecution and made a timely request for a restitution hearing to resolve that dispute. See MCL 780.767(4). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.