People of Michigan v. Scott Louis Kohlhoff ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
148833 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: 148833
COA: 312456
Saginaw CC: 11-035905-FH
SCOTT LOUIS KOHLHOFF,
Defendant-Appellant.
_________________________________________/
By order of July 29, 2014, the application for leave to appeal the January 9, 2014
judgment 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 REVERSE in part the judgment
of the Court of Appeals, and we REMAND this case to the Saginaw Circuit Court to
determine whether the court would have imposed a materially different sentence 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 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.
October 28, 2015
s1019
Clerk