Opinion
SC: 158225 COA: 338299
11-26-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Frank Earl TYSON, Defendant-Appellant.
Order
On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the June 19, 2018 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment declining to consider the defendant’s challenge to the proportionality of his departure sentence. Under People v. Steanhouse , 500 Mich. 453, 476, 902 N.W.2d 327 (2017), that court must review the departure sentence for an abuse of discretion, i.e., engage in a reasonableness review for an abuse of discretion informed by the "principle of proportionality." We REMAND this case to the Court of Appeals for plenary review of the defendant’s claim that his sentence was not reasonable and proportionate.
We do not retain jurisdiction.