Opinion
SC: 159833 COA: 347342.
04-04-2023
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Michael Edward DINOFFRIA, Defendant-Appellant.
Order
On order of the Court, the motion for immediate consideration is GRANTED. By order of July 16, 2021, the application for leave to appeal the April 19, 2019 order of the Court of Appeals was held in abeyance pending the decision in People v Poole (Docket No. 161529). On order of the Court, Poole having been decided on 977 N.W.2d 530 (July 28, 2022), 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 Court of Appeals for reconsideration in light of People v Parks, 510 Mich. 225 (2022), and People v Stovall, 510 Mich. 301 (2022). The motion to remand the case to the trial court for resentencing is DENIED.
We do not retain jurisdiction. Viviano, J. (dissenting).
For the reasons stated in my dissent in People v Stovall, 510 Mich. 301, 362 (2022), I do not believe defendant has overcome the procedural bar to file a successive motion for relief from judgment and would deny leave to appeal under MCR 6.502(G). Even if defendant could overcome the procedural bar, for the reasons stated in Chief Justice CLEMENT's dissent in People v Parks, 510 Mich. 225, 278 (2022), 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 respectfully dissent and would deny leave to appeal.