People v. John Brown ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 8, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151554 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151554
COA: 324494
Berrien CC: 2014-000153-FC
TERRANCE RANDELL SMITH,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the March 24, 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 Berrien 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.
We leave intact the remand ordered by the Court of Appeals. With regard to the
defendant’s challenge to costs, leave to appeal is DENIED, because we are not persuaded
that the question presented should be reviewed by this Court prior to the completion of
the proceedings ordered by the Court of Appeals.
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.
March 8, 2016
a0229
Clerk