Order Michigan Supreme Court
Lansing, Michigan
April 15, 2016 Robert P. Young, Jr.,
Chief Justice
152409 Stephen J. Markman
Brian K. Zahra
152442 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152409
COA: 320867
Roscommon CC: 12-006736-FC
WILLIAM FRANK SIKORSKI, JR.,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v SC: 152442
COA: 320867
Roscommon CC: 12-006736-FC
WILLIAM FRANK SIKORSKI, JR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the applications for leave to appeal the June 4, 2015
judgment of the Court of Appeals are considered. Pursuant to MCR 7.305(H)(1), in lieu
of granting leave to appeal, we VACATE that part of the Court of Appeals judgment
concluding that the defendant’s conviction for first-degree criminal sexual conduct under
MCL 750.520b(1)(d)(ii) violates the double jeopardy protections of the United States and
Michigan Constitutions and we REMAND this case to the Court of Appeals for
reconsideration of whether this conviction was based on the same act of penetration as
the defendant’s conviction under MCL 750.520b(1)(c), given the manner in which the
jury was instructed as to each count after the close of proofs. If, upon reconsideration,
the Court of Appeals concludes that no double jeopardy violation occurred, it shall reach
and resolve the defendant’s challenge to whether the evidence was sufficient to sustain
his conviction under MCL 750.520b(1)(d)(ii).
2
We also VACATE that part of the Court of Appeals judgment denying the
defendant sentencing relief on the basis of People v Herron, 303 Mich App 392 (2013),
and we REMAND this case to the Court of Appeals for reconsideration in light of People
v Lockridge, 498 Mich 358 (2015).
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.
April 15, 2016
d0412
Clerk