Opinion
SC: 150356
10-28-2015
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DAVID ELVIN DIETZ, Defendant-Appellant.
Order
Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 323008
Kent CC: 13-006991-FH
By order of April 28, 2015, the application for leave to appeal the September 11, 2014 order of the Court of Appeals was held in abeyance pending the decision in People v Lockridge (Docket No. 149073). On order of the Court, the case having been decided on July 29, 2015, 498 Mich 358 (2015), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Kent Circuit Court to determine whether the court would have imposed a materially different sentence under the sentencing procedure described in Lockridge. 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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
October 28, 2015
/s/_________
Clerk