Order Michigan Supreme Court
Lansing, Michigan
June 11, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
149073 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 149073
COA: 310649
Oakland CC: 2011-238930-FC
RAHIM OMARKHAN LOCKRIDGE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 13, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether a judge’s determination of the appropriate sentencing guidelines
range, MCL 777.1, et seq., establishes a “mandatory minimum sentence,” such that the
facts used to score the offense variables must be admitted by the defendant or established
beyond a reasonable doubt to the trier of fact, Alleyne v United States, 570 US __; 133 S
Ct 2151; 186 L Ed 2d 314 (2013); and (2) whether the fact that a judge may depart
downward from the sentencing guidelines range for “substantial and compelling”
reasons, MCL 769.34(3), prevents the sentencing guidelines from being a “mandatory
minimum” under Alleyne, see United States v Booker, 543 US 220; 125 S Ct 738; 160 L
Ed 2d 621 (2005).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in this case may move the Court
for permission to file briefs amicus curiae.
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.
June 11, 2014
p0604
Clerk