People v. Terrance Smith ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 8, 2016 Robert P. Young, Jr.,
Chief Justice
151591-2 & (104)(105)(106)(109)(110) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Justices
Plaintiff-Appellee,
v SC: 151591
COA: 317812
Wayne CC: 12-005075-FC
MARK CARTER,
Defendant-Appellant.
_________________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 151592
COA: 317828
Wayne CC: 12-000953-FC
MARK CARTER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions to add issues, to exceed page limits, and to
supplement application for leave to appeal are GRANTED. The motions to hold in
abeyance and to amend motion to hold in abeyance are DENIED. The application for
leave to appeal the March 17, 2015 judgment of the Court of Appeals is considered and,
pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND these
cases to the Wayne 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 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.
March 8, 2016
s0229
Clerk