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  5. 935 N.W.2d 322 (2019)
 

PEOPLE v. TYSON

SC: 158225 COA: 338299.

935 N.W.2d 322 (2019)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Frank Earl TYSON, Defendant-Appellant.

Supreme Court of Michigan.

November 26, 2019.

Attorney(s) appearing for the Case

JOSHUA J. MILLER , for PEOPLE OF MI, Plaintiff-Appellee.

MICHAEL A. FARAONE , for FRANK EARL TYSON, Defendant-Appellant.

Order

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the June 19, 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 VACATE the Court of Appeals judgment declining to consider the defendant's challenge to the proportionality of his departure sentence. Under People v. Steanhouse, 500 Mich. 453

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