People of Michigan v. Jonathan Kelly Byers ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
148758 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: 148758
COA: 314021
Crawford CC: 12-003384-FH
JONATHAN KELLY BYERS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 26, 2013
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 Crawford 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
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.
October 28, 2015
s1019
Clerk