PEOPLE v. CARR

Summary Disposition March 23, 2011.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the sentence of the Lenawee Circuit Court, and we remand this case to that court for resentencing. The trial court committed plain legal error in scoring offense variable 1 because the defendant did not use the methadone against her child as a weapon, as is required to score the variable. MCL 777.31. In all other respects, leave to appeal is denied. We do not retain jurisdiction.