Opinion
SC: 155393 COA: 328736
10-03-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Steven SMITH, Defendant-Appellant.
Order On order of the Court, the application for leave to appeal the January 10, 2017 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 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 his sentence was disproportionate under the standard set forth in People v. Milbourn , 435 Mich. 630, 636, 461 N.W.2d 1 (1990). See People v. Steanhouse , 500 Mich. 453 (Docket Nos. 152671, et al ., decided July 24, 2017), slip op. at 4, 902 N.W.2d 327, 2017 WL 3137553 at *4–5. 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.