Summary Dispositions October 25, 1996:
On the Court's own motion, these two cases are consolidated.
In No. 105477, in lieu of granting leave to appeal, the portion of the judgment of the Court of Appeals that held the lesser offense and jury instruction provisions of MCL 768.32(2); MSA 28.1055(2) unconstitutionally infringe on the Supreme Court's authority over practice and procedure, under Const 1963, art 6, § 5, is vacated, because it was unnecessary for the Court of Appeals to reach this constitutional question after determining that the defendant's conviction would be affirmed in any event. MCR 7.302(F)(1).
In No. 106306, the delayed application for leave to appeal is denied, because the Supreme Court is not persuaded that the questions presented should be reviewed.
Jurisdiction is not retained. Reported below: ( On Remand) 215 Mich. App. 30.
LEVIN and CAVANAGH, JJ.
We would grant leave to appeal in No. 106306.