People of Michigan v. Christopher Landon Hicks ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151547 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151547
COA: 324343
Wayne CC: 14-001898-FH
CHRISTOPHER LANDON HICKS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 19, 2015 order
of the Court of Appeals is considered. With regard to the defendant’s challenge to costs,
leave to appeal is DENIED, because we are not persuaded that the question presented
should be reviewed by this Court prior to the completion of the proceedings ordered by
the Court of Appeals. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we ORDER that, in addition to the proceedings ordered by the Court of Appeals, the
Wayne Circuit Court shall also determine whether the court would have imposed a
materially different sentence under the sentencing procedure described in People v
Lockridge, 498 Mich. 358 (2015). 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 question presented should be reviewed by this
Court.
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
d0321
Clerk