People v. Zahraie

Michigan Supreme Court

People v. Zahraie

875 N.W.2d 212, 499 Mich. 866

CourtMichigan Supreme Court

DecidedMarch 8, 2016

DocketNo. 152212; Court of Appeals No. 321835

StatusPublished

Cited by5 cases

This text of 875 N.W.2d 212 (People v. Zahraie) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Zahraie, 875 N.W.2d 212, 499 Mich. 866 (Mich. 2016).

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Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Tuscola 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. The motion for an order adjourning the case is denied. We do not retain jurisdiction.

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Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Tuscola 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. The motion for an order adjourning the case is denied. We do not retain jurisdiction.

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Bluebook (online)

875 N.W.2d 212, 499 Mich. 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-zahraie-mich-2016.

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