People of Michigan v. Juan Joe Cantu ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 27, 2020 Bridget M. McCormack,
Chief Justice
157714 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 157714
COA: 335696
Kent CC: 95-003319-FC
JUAN JOE CANTU,
Defendant-Appellant.
_____________________________________/
By order of May 28, 2019, the application for leave to appeal the March 13, 2018
judgment of the Court of Appeals was held in abeyance pending the decision in People v
Turner (Docket No. 158068). On order of the Court, the case having been decided on
January 17, 2020, ___ Mich ___ (2020), the application is again considered and, pursuant
to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of
the Court of Appeals and we REMAND this case to the Kent Circuit Court for further
proceedings not inconsistent with this order. At the resentencing for first-degree murder
held pursuant to MCL 769.25a and Miller v Alabama, 567 U.S. 460 (2012), the trial court
had jurisdiction to consider the defendant’s arguments regarding his sentences for
kidnapping and assault with intent to murder. Turner, supra. On remand, the trial court
shall consider the defendant’s arguments regarding the validity of these sentences and
exercise its discretion whether to resentence him for those convictions, in particular “if it
finds that the sentence was based on a legal misconception that the defendant was
required to serve a mandatory sentence of life without parole on the greater offense.” Id.
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.
March 27, 2020
t0323
Clerk