Opinion
SC: 153000 COA: 321534
10-31-2017
PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Allan Wayne SHANK, Defendant–Appellee.
Order
By order of July 26, 2016, the application for leave to appeal the November 17, 2015 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 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.