People of Michigan v. Jeffrey Ryan Gunnells ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
November 25, 2015 Robert P. Young, Jr.,
Chief Justice
151096 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: 151096
COA: 317326
Wayne CC: 12-011108-FC
JEFFREY RYAN GUNNELLS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 13, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals, and we REMAND this case to the Wayne 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.
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.
November 25, 2015
t1118
Clerk