Opinion
Docket No. 152369. COA No. 318675.
03-08-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. John BROWN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the June 16, 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 this case to the Wayne Circuit Court for further proceedings. We do not disturb that part of the Court of Appeals judgment ordering the trial court, on remand, to resentence the defendant or find facts to support the scoring of OV 13, MCL 777.43. If the trial court does not resentence the defendant, but instead finds facts that support the scoring of OV 13, it shall then determine whether it would have imposed a materially different sentence under the sentencing procedure described in People v. Lockridge, 498 Mich. 358, 870 N.W.2d 502 (2015). 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.