People of Michigan v. Deshawn Lee Starks

Opinion

Order Michigan Supreme Court Lansing, Michigan

March 29, 2016 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

151577 Bridget M. McCormack David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 151577 COA: 324220 Wayne CC: 13-011035-FC

DESHAWN LEE STARKS, Defendant-Appellant,

_________________________________________/

On order of the Court, the application for leave to appeal the March 19, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court to determine whether the court would have imposed a materially different sentence under the sentencing procedure described in People v Lockridge, 498 Mich 358 (2015). On remand, the trial court shall follow the procedure described in Part VI of our opinion. If the trial court determines that it would not have imposed the same sentence absent the unconstitutional constraint on its discretion, it shall resentence the defendant. We leave intact the remand ordered by the Court of Appeals. With regard to the defendant’s challenge to costs, leave to appeal is DENIED, because we are not persuaded that the question presented should be reviewed by this Court prior to the completion of the proceedings ordered by the Court of Appeals. In all other respects, leave to appeal is DENIED because we are not persuaded that the remaining question 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.

March 29, 2016

a0321

Clerk