Order Michigan Supreme Court
Lansing, Michigan
December 23, 2015 Robert P. Young, Jr.,
Chief Justice
151281 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: 151281
COA: 325547
Ingham CC: 13-000766-FH
THEODORE HOYLE, JR.,
Defendant-Appellant.
____________________________________/
By order of September 30, 2015, the prosecuting attorney was directed to answer
the application for leave to appeal the February 19, 2015 order of the Court of Appeals.
On order of the Court, the answer having been received, the application for leave to
appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to
appeal, we REMAND this case to the Ingham 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 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.
December 23, 2015
a1216
Clerk