People of Michigan v. Talonzo Demont Broyles ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 6, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151244 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151244
COA: 325300
Allegan CC: 13-018552-FH
TALONZO DEMONT BROYLES,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 19, 2015
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 Allegan 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 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.
September 6, 2016
s0829
Clerk