Order Michigan Supreme Court
Lansing, Michigan
November 24, 2015 Robert P. Young, Jr.,
Chief Justice
150038 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: 150038
COA: 322619
Wayne CC: 13-002154-FC
DAVIONE MARTICE SAMUELS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 26, 2014
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 Wayne 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.
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.
November 24, 2015
t1116
Clerk