People of Michigan v. Gregory Wines ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
May 2, 2016 Robert P. Young, Jr.,
Chief Justice
147013 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Justices
Plaintiff-Appellee,
v SC: 147013
COA: 312441
Kent CC: 93-064278-FC
GREGORY WINES,
Defendant-Appellant.
____________________________________/
By order of April 28, 2015, the application for leave to appeal the January 25,
2013 order of the Court of Appeals was held in abeyance pending the decision in
Montgomery v Louisiana, cert gtd 575 US ___; 135 S. Ct. 1546; 191 L. Ed. 2d 635 (2015).
On order of the Court, the case having been decided on January 25, 2016, 577 US __; 136
S. Ct. 718; 193 L. Ed. 2d 599 (2016), the application is again considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the
Kent Circuit Court on the defendant’s first-degree murder conviction, and we REMAND
this case to the trial court for resentencing on that conviction pursuant to MCL 769.25
and MCL 769.25a. See, Miller v Alabama, 567 US ___; 132 S. Ct. 2455; 183 L. Ed. 2d 407
(2012); Montgomery v Louisiana, supra. In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining question 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.
May 2, 2016
p0418
Clerk