People of Michigan v. Mohammid Samuel-Lee Nard ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
148533 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: 148533
COA: 318527
Genesee CC: 13-032889-FH
MOHAMMID SAMUEL-LEE NARD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 26, 2013
order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Genesee 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.
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
a1019
Clerk