People of Michigan v. Horace Demario Collins ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
September 8, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153952 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153952
COA: 327971
Kent CC: 14-006374-FC
HORACE DEMARIO COLLINS,
Defendant-Appellant.
_________________________________________/
On January 24, 2017, the Court ordered oral argument on the application for leave
to appeal the August 20, 2015 order of the Court of Appeals. On order of the Court, the
application is again considered. Pursuant to MCR 7.305(H)(1) and in light of the
prosecutor’s concession that the defendant in this case should receive relief under People
v Lockidge, 498 Mich. 358 (2015), we VACATE our order dated January 24, 2017 and, in
lieu of granting leave to appeal, we REMAND this case to the Kent Circuit Court for
consideration of the defendant’s issue regarding the assessment of court costs and 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. 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.
September 8, 2017
s0905
Clerk