On order of the Court, the applications for leave to appeal from the May 3, 2002, decision of the Court of Appeals are considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals in part and REMAND this case to the trial court for further proceedings consistent with this order.
While expressing disagreement with the reasoning of Magee v. City of Detroit (Booker I),
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