Opinion
Docket No. 150949. COA No. 323819.
05-02-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Daniel F. JONES, Defendant–Appellant.
Order
By order of December 22, 2015, the application for leave to appeal the December 4, 2014 order of the Court of Appeals was held in abeyance pending the decision in Montgomery v. Louisiana, cert. gtd. 575 U.S. ––––, 135 S.Ct. 1546, 191 L.Ed.2d 635 (2015). On order of the Court, the case having been decided on January 25, 2016, 577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Wayne Circuit Court on the defendant's first-degree murder conviction, and we REMAND this case to the trial court for resentencing pursuant to MCL 769.25 and MCL 769.25a. See Montgomery, supra, and Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).
We do not retain jurisdiction.