People of Michigan v. Pernellar Hawkins ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
May 10, 2017 Stephen J. Markman,
Chief Justice
154766 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 154766
COA: 334270
Wayne CC: 08-003157-FH
PERNELLAR HAWKINS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 21, 2016
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 defendant’s sentence and we REMAND this
case to the Wayne Circuit Court for resentencing. There is no indication in the record
that, at sentencing, the trial court considered an updated Sentencing Information Report,
or applicable guidelines range, in imposing its sentence following the defendant’s
probation violations. Sentencing courts must consult the applicable guidelines range and
take it into account when imposing a sentence. See People v Lockridge, 498 Mich. 358,
392 (2015); MCL 771.14(2)(e); MCR 6.445(G) and MCR 6.425(D). 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.
May 10, 2017
t0503p
Clerk