People of Michigan v. Leander Kriegg Foster ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
November 13, 2020 Bridget M. McCormack,
Chief Justice
159433 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159433
COA: 341060
Wayne CC: 94-006481-FC
LEANDER KRIEGG FOSTER,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the February 19, 2019
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REMAND this case to the Wayne Circuit Court for further proceedings not inconsistent
with this order. The defendant was not required to file a motion for relief from judgment
to challenge his sentence for armed robbery, imposed concurrently to his sentence for a
first-degree murder committed when he was under the age of 18. See People v Turner,
505 Mich 954 (2020) (Docket No. 158068). The trial court had jurisdiction to consider
his arguments regarding his armed robbery sentence at the resentencing for first-degree
murder held pursuant to MCL 769.25a and Miller v Alabama, 567 US 460 (2012). On
remand, the trial court shall consider the defendant’s arguments regarding the validity of
his armed robbery sentence and may exercise its discretion to resentence him for that
conviction, in particular “if it finds that the sentence was based on a legal misconception
that the defendant was required to serve a mandatory sentence of life without parole on
the greater offense.” Turner, supra.
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.
November 13, 2020
t1110
Clerk