People of Michigan v. Frank Earl Tyson ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
November 26, 2019 Bridget M. McCormack,
Chief Justice
158225 & (42) David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158225
COA: 338299
Oakland CC: 2014-249733-FC
FRANK EARL TYSON,
Defendant-Appellant.
_____________________________________/
On order of the Court, the motion for immediate consideration is GRANTED. The
application for leave to appeal the June 19, 2018 judgment of the Court of Appeals is
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the Court of Appeals judgment declining to consider the defendant’s challenge
to the proportionality of his departure sentence. Under People v Steanhouse, 500 Mich.
453, 476 (2017), that court must review the departure sentence for an abuse of discretion,
i.e., engage in a reasonableness review for an abuse of discretion informed by the “principle
of proportionality.” We REMAND this case to the Court of Appeals for plenary review of
the defendant’s claim that his sentence was not reasonable and proportionate.
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.
November 26, 2019
b1118
Clerk