Opinion
Docket Nos. 150967 150968. COA Nos. 324218 324219.
03-29-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Deshawn Lee STARKS, Defendant–Appellant. People of the State of Michigan, Plaintiff–Appellee, v. Deshawn Lee Starks, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the December 11, 2014 orders of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND these cases to the Wayne Circuit Court to determine whether the court would have imposed materially different sentences 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 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 question presented should be reviewed by this Court.
We do not retain jurisdiction.