People of Michigan v. Phillip Darold Bannister

• Court: Michigan Supreme Court
• Decided: October 28, 2015
• Docket: 147920
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 28, 2015 Robert P. Young, Jr., Chief Justice

147920 Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen, Plaintiff-Appellee, Justices

v SC: 147920 COA: 317265 Jackson CC: 12-004455-FH PHILLIP DAROLD BANNISTER, Defendant-Appellant.

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By order of July 29, 2014, the application for leave to appeal the September 6, 2013 order of the Court of Appeals was held in abeyance pending the decision in People v Lockridge (Docket No. 149073). On order of the Court, the case having been decided on July 29, 2015, 498 Mich 358 (2015), the application is again considered. 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 Lockridge. 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.

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. October 28, 2015 a1019 Clerk