Order Michigan Supreme Court
Lansing, Michigan
April 8, 2016 Robert P. Young, Jr.,
Chief Justice
151663 & (170)(175)(176)(178)(180) Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151663
COA: 316224
Wayne CC: 12-009631-FC
ROBERT ANTHONY SMITH,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motions to add issue and to supplement are GRANTED.
The motion to remand and the application for leave to appeal the March 12, 2015
judgment of the Court of Appeals are 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. The motion to stay and
the motion for guidance are 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.
April 8, 2016
p0405
Clerk