People of Michigan v. Walter Jerome Demaray ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
July 26, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
148841 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 148841
COA: 319352
Emmet CC: 12-003758-FH
WALTER JEROME DEMARAY,
Defendant-Appellant.
____________________________________/
By order of February 3, 2015, the application for leave to appeal the January 16,
2014 order of the Court of Appeals was held in abeyance pending the decision in People
v Lockridge (Docket No. 149073). On order of the Court, the case having been decided
on July 29, 2015, 498 Mich. 358 (2015), the application is again considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the
Emmet Circuit Court 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.
On remand, the Emmet Circuit Court shall also consider the defendant’s issue regarding
the assessment of a payment to the “Victims Restitution Fund.” 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.
July 26, 2016
a0718
Clerk