People of Michigan v. Pernellar Hawkins

• Court: Michigan Supreme Court
• Decided: May 10, 2017
• Docket: 154766
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

May 10, 2017 Stephen J. Markman, Chief Justice

154766 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder, Plaintiff-Appellee, Justices

v SC: 154766 COA: 334270 Wayne CC: 08-003157-FH PERNELLAR HAWKINS, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the September 21, 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 VACATE the defendant’s sentence and we REMAND this case to the Wayne Circuit Court for resentencing. There is no indication in the record that, at sentencing, the trial court considered an updated Sentencing Information Report, or applicable guidelines range, in imposing its sentence following the defendant’s probation violations. Sentencing courts must consult the applicable guidelines range and take it into account when imposing a sentence. See People v Lockridge, 498 Mich 358, 392 (2015); MCL 771.14(2)(e); MCR 6.445(G) and MCR 6.425(D). 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., took no part in the decision of this case.

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. May 10, 2017 t0503p Clerk