Opinion
SC 159482 COA 338435
10-31-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DWAYNE SYKES, JR., Defendant-Appellant.
Genesee CC: 15-036716-FC
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices
ORDER
By order of March 8, 2022, the application for leave to appeal the February 28, 2019 judgment of the Court of Appeals was held in abeyance pending the decision in People v Bonds (Docket No. 163110). The case having been decided on April 21, 2023, 511 Mich. 910 (2023), the application is again considered. The motion to accept pro per motion to add issue and file supplemental standard-4 brief is GRANTED. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of the defendant's argument that his sentence was disproportionate under the standard set forth in People v Milbourn, 435 Mich. 630, 636 (1990). See People v Posey, 512 Mich. ___ (July 31, 2023) (Docket No. 162373); People v Steanhouse, 500 Mich. 453, 460-461 (2017). In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
We do not retain jurisdiction.