People of Michigan v. Brian Christopher Lee

• Court: Michigan Supreme Court
• Decided: February 20, 2018
• Docket: 153632
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

February 20, 2018 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 153632 David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 153632 COA: 316110 Wayne CC: 12-005176-FC BRIAN CHRISTOPHER LEE, Defendant-Appellant.

_________________________________________/

By order of September 29, 2016, the application for leave to appeal the January 12, 2016 order of the Court of Appeals was held in abeyance pending the decisions in People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos. 152946- 8). On order of the Court, the cases having been decided on July 24, 2017, 500 Mich 453 (2017), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals remanding this case to the trial court for a hearing pursuant to People v Lockridge, 498 Mich 358 (2015), and we REMAND this case to the Court of Appeals for plenary review of the defendant’s claim that his sentence was disproportionate under the standard set forth in People v Milbourn, 435 Mich 630, 636 (1990). See People v Steanhouse, 500 Mich at 460-461. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. February 20, 2018 s0209 Clerk