Opinion
Docket No. 151621. COA No. 318697.
09-27-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Kevin Michael CLARK, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the March 24, 2015 judgment of the Court of Appeals and the motion to remand are considered. 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 Livingston 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), and to determine whether the post-sentencing amendment to the presentence investigation report would have caused the court to impose a different sentence. With regard to the Lockridge issue, the trial court shall follow the procedure described in Part VI of our opinion. If, after taking into account both the unconstitutional constraint on its discretion and the amendment to the presentence investigation report, the trial court determines that it would have imposed the same sentence, it may reaffirm the original sentence. If, however, the trial court determines that it would not have imposed the same sentence, 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.