Order
On order of the Court, the application for leave to appeal the August 16, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE, as dicta, the portion of the judgment of the Court of Appeals that addressed the trial court's decision to upwardly depart from the sentencing guidelines. Because the Court of Appeals granted defendant a new trial, defendant's challenge to his sentence...
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