Opinion
SC: 153694 COA: 325192
11-29-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Kyle Brandon RICHARDS, Defendant–Appellant.
Order
By order of January 31, 2017, the application for leave to appeal the April 26, 2016 judgment of the Court of Appeals was 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 is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals remanding this case to the trial court for proportionality review, and we REMAND this case to the Court of Appeals for plenary review of whether the defendant's 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. 453, 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.
Clement, J., did not participate.