Opinion
SC: 161733 COA: 352899
12-09-2022
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Prentice Devell WATKINS, Defendant-Appellant.
Order
By order of August 3, 2021, the application for leave to appeal the June 9, 2020 order of the Court of Appeals was held in abeyance pending the decision in People v Poole (Docket No. 161529). On order of the Court, the motion to add issue is GRANTED. Poole having been decided on July 28, 2022, 510 Mich ––––, 977 N.W.2d 530 (2022), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration in light of People v Parks , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3008548 (2022) (Docket No. 162086), and People v Stovall , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3007491 (2022) (Docket No. 162425).
We do not retain jurisdiction.
Viviano, J. (dissenting).
For the reasons stated in my dissent in People v Stovall , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3007491 (2022) (Docket No. 162425), I do not believe defendant has overcome the procedural bar to file a successive motion for relief from judgment and would deny leave to appeal under MCR 6.502(G). Even if defendant could overcome the procedural bar, for the reasons stated in Chief Justice CLEMENT ’s dissent in People v Parks , 510 Mich ––––, ––– N.W.2d ––––, 2022 WL 3008548 (2022) (Docket No. 162086), I do not believe that a mandatory sentence of life without parole for a defendant who committed first-degree murder when he was 18 years old is unconstitutional. Therefore, I respectfully dissent and would deny leave to appeal.