Opinion
Docket No. 148551. COA No. 310550.
03-08-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. James Charles WILCOX, Defendant–Appellant.
Order
By order of September 5, 2014, the application for leave to appeal the November 26, 2013 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Lockridge (Docket No. 149073). On order of the Court, the case having been decided on July 29, 2015, 498 Mich. 358, 870 N.W.2d 502 (2015), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals, and we REMAND this case to the Branch Circuit Court to determine whether the court would have imposed a materially different sentence under the sentencing procedure described in Lockridge. On remand, the trial court shall follow the procedure described in Part VI of our opinion. If the trial court determines that it would have imposed the same sentence absent the unconstitutional constraint on its discretion, it may reaffirm the original sentence. If, however, the trial court determines that it would not have imposed the same sentence absent the unconstitutional constraint on its discretion, it shall resentence the defendant. In all other respects, leave to appeal is DENIED because we are not persuaded that the remaining questions presented should be reviewed by this Court. The motion to hold application in abeyance is DENIED as moot.
We do not retain jurisdiction.