People of Michigan v. Gregory Arness Taylor

Opinion

Order Michigan Supreme Court Lansing, Michigan

June 1, 2016 Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

152334 Bridget M. McCormack David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee,

v SC: 152334 COA: 327717 Jackson CC: 13-005224-FC

GREGORY ARNESS TAYLOR, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the July 30, 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 Jackson 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.

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 1, 2016

a0525

Clerk