People of Michigan v. William Carl Kilburn ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
July 26, 2016 Robert P. Young, Jr.,
Chief Justice
150581 & (16) 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: 150581
COA: 323978
Ionia CC: 2013-015838-FC
WILLIAM CARL KILBURN, 2012-015596-FC
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add issue and additional file number is
GRANTED. The application for leave to appeal the November 12, 2014 order of the
Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REMAND this case to the Ionia 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 addition,
we VACATE the trial court’s November 21, 2014 order reinstating costs. The court did
not have authority to sua sponte enter the order because the correction was not a clerical
error under MCR 6.435(A), the judgment of sentence was not invalid within the meaning
of MCR 6.429(A), and the amended version of MCL 769.1k does not apply to the court’s
amended judgment of sentence issued September 29, 2014.
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.
July 26, 2016
t0718
Clerk