DocketNumber： 152470
Filed Date： 10/31/2017
Status： Precedential
Modified Date： 11/1/2017
Order Michigan Supreme Court Lansing, Michigan October 31, 2017 Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack 152470 David F. Viviano Richard H. Bernstein Joan L. Larsen Kurtis T. Wilder, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellant, v SC: 152470 COA: 321573 Wayne CC: 10-006933-FC JAMES ANTHONY TERRELL, Defendant-Appellee. _________________________________________/ By order of May 25, 2016, the application for leave to appeal the September 29, 2015 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos. 152946- 8). On order of the Court, the cases having been decided on July 24, 2017,500 Mich 453
(2017), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the Court of Appeals judgment that remands this case to the Wayne Circuit Court for proceedings under People v Lockridge,498 Mich 358
(2015). As the parties agree, the Court of Appeals erroneously concluded that relief is warranted under Lockridge even where the defendant’s guidelines range was not enhanced by judicial fact-finding. See Lockridge, 498 Mich at 394-395. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining aspects of the question presented should be reviewed by this Court. WILDER, J., did not participate because he was on the Court of Appeals panel. 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. October 31, 2017 a1023 Clerk