People of Michigan v. Everege Vernor Dickens ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
November 24, 2015 Robert P. Young, Jr.,
Chief Justice
149906 & (48) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 149906
COA: 314267
Oakland CC: 2012-241989-FC
EVEREGE VERNOR DICKENS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to amend is GRANTED. The application for
leave to appeal the June 17, 2014 judgment of the Court of Appeals is considered and,
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 Oakland Circuit
Court to 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 questions 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.
November 24, 2015
p1116
Clerk