Opinion
SC: 164354 COA: 352319
03-06-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Juan Sandro CABRERA, Defendant-Appellant.
Order
By order of November 4, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the March 10, 2022 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. On the Court's own motion, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Ottawa Circuit Court and REMAND this case to that court for resentencing in light of People v Parks , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3008548 (2022) (Docket No. 162086). The defendant's mandatory sentence of life without parole for first-degree murder, committed when he was 18 years old, is cruel or unusual punishment in violation of Const. 1963, art. 1, § 16. Parks , supra. In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
We do not retain jurisdiction.
Viviano, J. (concurring in part and dissenting in part).
For the reasons stated in Chief Justice CLEMENT ’s dissent in People v Parks , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3008548 (2022) (Docket No. 162086 ), I do not believe that a mandatory sentence to life without parole for a defendant who committed first-degree murder when he was 18 years old is unconstitutional. Therefore, I would deny leave to appeal on all of the issues raised by defendant.