People of Michigan v. Timothy R Susorney ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
148447 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: 148447
COA: 317685
Marquette CC: 12-050570-FH
12-050865-FH
TIMOTHY R. SUSORNEY,
Defendant-Appellant.
_________________________________________/
By order of July 29, 2014, the application for leave to appeal the November 15,
2013 order 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 (2015), the application is again considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the
Marquette Circuit Court to determine whether the court would have imposed a materially
different sentence for the defendant’s third-degree criminal sexual conduct conviction
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 for that conviction 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 for
that conviction 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.
October 28, 2015
s1019
Clerk