Opinion
SC 162797 COA 353087
12-09-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. LARNELL LEROY JOHNSON, Defendant-Appellant.
Saginaw CC: 80-000568-FY
Elizabeth T. Clement, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of October 8, 2021, the application for leave to appeal the February 2, 2021 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, the case having been decided on July 28, 2022, 510 Mich. __ (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. __ (2022) (Docket No. 162086), and People v Stovall, 510 Mich. __ (2022) (Docket No. 162425).
We do not retain jurisdiction.
Viviano, J. (dissenting).
For the reasons stated in Chief Justice CLEMENT's dissent in People v Parks, 510 Mich. __ (2022) (Docket No. 162086), I do not believe that a mandatory sentence of 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.