Order Michigan Supreme Court
Lansing, Michigan
October 28, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
148794 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Justices
Plaintiff-Appellee,
v SC: 148794
COA: 318881
Clinton CC: 12-009012-FC
JAMES DUANE YANNA,
Defendant-Appellant.
_________________________________________/
By order of July 29, 2014, the application for leave to appeal the January 22, 2014
order 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 REMAND this case to the
Clinton 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 question 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
d1019
Clerk