People of Michigan v. Erik Paul Gutierrez ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 27, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
149647 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 149647
COA: 315236
St. Joseph CC: 12-017655-FH
ERIK PAUL GUTIERREZ,
Defendant-Appellant.
_________________________________________/
By order of November 25, 2014, the application for leave to appeal the May 22,
2014 judgment 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 REVERSE in part
the judgment of the Court of Appeals, and we REMAND this case to the St. Joseph
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. 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