People of Michigan v. Kevin Michael Clark ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 27, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151621 & (58) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 151621
COA: 318697
Livingston CC: 13-021225-FC
KEVIN MICHAEL CLARK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 24, 2015
judgment of the Court of Appeals and the motion to remand are considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment
of the Court of Appeals, and we REMAND this case to the Livingston 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), and to
determine whether the post-sentencing amendment to the presentence investigation report
would have caused the court to impose a different sentence. With regard to the Lockridge
issue, the trial court shall follow the procedure described in Part VI of our opinion. If,
after taking into account both the unconstitutional constraint on its discretion and the
amendment to the presentence investigation report, the trial court determines that it
would have imposed the same sentence, it may reaffirm the original sentence. If,
however, the trial court determines that it would not have imposed the same sentence, it
shall resentence the defendant. 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.
September 27, 2016
d0919
Clerk