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People v. Stephens

Supreme Court of Michigan.
Oct 26, 2016
886 N.W.2d 442 (Mich. 2016)

Opinion

Docket No. 153781. COA No. 324802.

10-26-2016

PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Tamara Joy STEPHENS, Defendant–Appellant.


Order

On order of the Court, the application for leave to appeal the March 31, 2016 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 Oakland Circuit Court to determine whether the court 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). 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 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.


Summaries of

People v. Stephens

Supreme Court of Michigan.
Oct 26, 2016
886 N.W.2d 442 (Mich. 2016)
Case details for

People v. Stephens

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Tamara Joy…

Court:Supreme Court of Michigan.

Date published: Oct 26, 2016

Citations

886 N.W.2d 442 (Mich. 2016)

Citing Cases

Stephens v. Howard

That court remanded the case to the trial court pursuant to People v. Lockridge, 498 Mich. 358, 870 N.W.2d…

Stephens v. Brewer

The court denied leave to appeal in all other respects. See People v. Stephens, 886 N.W.2d 442 (Mich. 2016).…