Opinion
SC: 153242 COA: 322998
10-31-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Shawn Kristi DICKEN, Defendant–Appellant.
Order
By order of September 29, 2016, the application for leave to appeal the January 12, 2016 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, 902 N.W.2d 327 (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 judgment of the Court of Appeals remanding this case to the trial court for proportionality review and for a hearing pursuant to People v. Lockridge , 498 Mich. 358, 870 N.W.2d 502 (2015), and we REMAND this case to the Court of Appeals for plenary review of the defendant's claim that her sentence was disproportionate under the standard set forth in People v. Milbourn , 435 Mich. 630, 636, 461 N.W.2d 1 (1990). 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.
Wilder, J., did not participate because he was on the Court of Appeals panel.