People of Michigan v. Felix Lavell Washington

• Court: Michigan Supreme Court
• Decided: June 21, 2017
• Docket: 154959
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 21, 2017 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 154959 David F. Viviano Richard H. Bernstein Joan L. Larsen Kurtis T. Wilder, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 154959 COA: 335247 Oakland CC: 2014-251220-FC FELIX LAVELL WASHINGTON, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 30, 2016 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 Oakland 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 have imposed the same sentence absent the unconstitutional constraint on its discretion, it may reaffirm the original sentence. If, however, 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. 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.

WILDER, J., did not participate because he was on the Court of Appeals panel.

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. June 21, 2017 a0614 Clerk