Opinion
SC: 151002
03-29-2016
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. JEROME WALKER, Defendant-Appellant.
Order
151002 & (13)(14) Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices COA: 324638
Wayne CC: 98-006537-FC
On order of the Court, the application for leave to appeal the January 15, 2015 order 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 sentence of the Wayne Circuit Court on the defendant's first-degree murder conviction, and we REMAND this case to the trial court for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a. See Miller v Alabama, 567 US ___; 132 S Ct 2455; 183 L Ed 2d 407 (2012); Montgomery v Louisiana, 577 US ___; 136 S Ct 718; 193 L Ed 2d 599 (2016). The motion to hold application in abeyance is treated as a motion to add issue and is GRANTED. The motions for peremptory reversal and for stay are DENIED. In all other respects, leave to appeal is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
March 29, 2016
/s/_________
Clerk