Opinion
Docket Nos. 151591 151592. COA Nos. 317812 317828.
03-08-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Mark CARTER, Defendant–Appellant. People of the State of Michigan, Plaintiff–Appellee, v. Mark Carter, Defendant–Appellant.
Order
On order of the Court, the motions to add issues, to exceed page limits, and to supplement application for leave to appeal are GRANTED. The motions to hold in abeyance and to amend motion to hold in abeyance are DENIED. The application for leave to appeal the March 17, 2015 judgment 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 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.