DocketNumber： 157714
Filed Date： 3/27/2020
Status： Precedential
Modified Date： 3/28/2020
Order Michigan Supreme Court Lansing, Michigan March 27, 2020 Bridget M. McCormack, Chief Justice 157714 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: 157714 COA: 335696 Kent CC: 95-003319-FC JUAN JOE CANTU, Defendant-Appellant. _____________________________________/ By order of May 28, 2019, the application for leave to appeal the March 13, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v Turner (Docket No. 158068). On order of the Court, the case having been decided on January 17, 2020, ___ Mich ___ (2020), the application is again 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 we REMAND this case to the Kent Circuit Court for further proceedings not inconsistent with this order. At the resentencing for first-degree murder held pursuant to MCL 769.25a and Miller v Alabama,567 U.S. 460
(2012), the trial court had jurisdiction to consider the defendant’s arguments regarding his sentences for kidnapping and assault with intent to murder.Turner, supra
. On remand, the trial court shall consider the defendant’s arguments regarding the validity of these sentences and exercise its discretion whether to resentence him for those convictions, 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.”Id. 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 27, 2020 t0323 Clerk