People v. Deshawn Starks , 499 Mich. 878 ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150967-8 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150967
COA: 324218
Wayne CC: 13-008112-FC
DESHAWN LEE STARKS,
Defendant-Appellant,
_________________________________________
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 150968
COA: 324219
Wayne CC: 13-011034-FC
DESHAWN LEE STARKS,
Defendant-Appellant,
_________________________________________/
On order of the Court, the application for leave to appeal the December 11, 2014
orders 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 materially different sentences 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 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
question 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 29, 2016
a0321
Clerk