People of Michigan v. Carlos Chanti Bragg ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
147978 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: 147978
COA: 310200
Grand Traverse CC:
12-011354-FC
CARLOS CHANTI BRAGG,
Defendant-Appellant.
_________________________________________/
By order of October 28, 2014, the application for leave to appeal the September
12, 2013 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 Grand Traverse
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