Order Michigan Supreme Court
Lansing, Michigan
March 29, 2016 Robert P. Young, Jr.,
Chief Justice
150488-9 & (57)(58)(59)(60) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano
Plaintiff-Appellee, Richard H. Bernstein
v SC: 150488 Joan L. Larsen,
COA: 315582 Justices
Allegan CC: 08-015991-FH
TROY LaVAUGHN JONES, JR.,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 150489
COA: 315713
Allegan CC: 08-016032-FH
TROY LaVAUGHN JONES, JR.,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions for immediate consideration are GRANTED.
The application for leave to appeal the September 23, 2014 judgment of the Court of
Appeals and the motions to remand and for appeal bond are considered. Pursuant to
MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND these cases to the
Allegan Circuit Court to determine whether the court would have imposed materially
different sentences 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. The trial court shall also consider the defendant’s argument
concerning the imposition of costs, and determine whether costs should be imposed and
the amount, if any, that should be assessed. 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. The motion for bond pending appeal is DENIED.
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 29, 2016
p0321
Clerk