Opinion
Docket No. 148656. COA No. 319135.
10-28-2015
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Stevie Nichol O'KEEFE, Defendant–Appellant.
Order
By order of July 29, 2014, the application for leave to appeal the January 9, 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, 870 N.W.2d 502 (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 Isabella 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.
We do not retain jurisdiction.