People of Michigan v. Walter David Jones

Opinion

Order Michigan Supreme Court Lansing, Michigan

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

151125 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: 151125 COA: 325016 Wayne CC: 75-000647-FC

WALTER DAVID JONES, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 10, 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 VACATE the sentence of the Wayne Circuit Court for the defendant’s first-degree murder conviction, and we REMAND this case to the trial court for resentencing on that conviction under MCL 769.25 and MCL 769.25a. See Miller v Alabama, 567 US __; 132 S Ct 2455; 183 L Ed 2d 407 (2012), and Montgomery v Louisiana, 577 US __; 136 S Ct 718; 193 L Ed 2d 599 (2016). 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.

March 29, 2016

p0321

Clerk