People v. Melinda Watkins

498 Mich. 916

• Court: Michigan Supreme Court
• Decided: November 24, 2015
• Docket: 149906
• Status: Published

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Shiawassee 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. We further order on remand that the trial court shall ensure that all of the corrections to the presentence reports that were discussed at sentencing are made. In all other respects, leave to appeal is denied because we are not persuaded that the remaining questions should be reviewed by this Court. We do not retain jurisdiction.