Opinion
Docket No. 150833. COA No. 316757.
2015-10-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. James Lee HORN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the December 2, 2014 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 in part the judgment of the Court of Appeals, and we REMAND this case to the Genesee Circuit Court to determine whether the court would have imposed a materially different sentence for defendant's second degree murder conviction under the sentencing procedure described in People v. Lockridge, 498 Mich. 358, 870 N.W.2d 502 (2015). On remand, 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 for that conviction 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 for that conviction 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.