Opinion
Docket No. 151057. COA No. 324953.
03-29-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. John Marshall ATKINS, Jr., Defendant–Appellant.
Order
By order of December 22, 2015, the application for leave to appeal the January 21, 2015 order of the Court of Appeals was held in abeyance pending the decision in Montgomery v. Louisiana, cert. gtd. 575 U.S. ––––, 135 S.Ct. 1546, 191 L.Ed.2d 635 (2015). On order of the Court, the case having been decided on January 25, 2016, 577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Oakland Circuit Court for the defendant's first-degree murder conviction, and we REMAND this case to the trial court for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a. See Montgomery, supra; Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). 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.