On order of the Court, the application for leave to appeal the May 17, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration, as on leave granted, of: (1) whether the defendant was properly assessed 5 points under Offense Variable 10, for "exploit[ing] a victim by his or her difference in size or strength[,]" MCL 777.40(1)(c), where no such physical...
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