Opinion
SC: 154805 COA: 325627
10-31-2017
PEOPLE of the State of Michigan, Plaintiff-Appellee/Cross-Appellant, v. Fernandus Cortez ELLEN, Defendant-Appellant/Cross-Appellee.
Order
By order of May 2, 2017, the application for leave to appeal the September 27, 2016 judgment of the Court of Appeals and the application for leave to appeal as cross-appellant were held in abeyance pending the decisions in People v. Steanhouse (Docket No. 152849) and People v. Masroor (Docket Nos. 152946-8). On order of the Court, the cases having been decided on July 24, 2017, 500 Mich. 453, 902 N.W.2d 327 (2017), the application and the cross application are again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals remanding this case to the trial court for proportionality review and for a hearing pursuant to People v. Lockridge , 498 Mich. 358, 870 N.W.2d 502 (2015), and we REMAND this case to the Court of Appeals for plenary review of the defendant's sentencing claims, including that his sentence was disproportionate under the standard set forth in People v. Milbourn , 435 Mich. 630, 636, 461 N.W.2d 1 (1990). See People v. Steanhouse , 500 Mich. at 460-461, 902 N.W.2d 327. 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.