Order Michigan Supreme Court
Lansing, Michigan
October 5, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
152899 & (48) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 152899
COA: 321688
Delta CC: 13-008870-FH
DUSTIN ANTHONY MENARD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to supplement is GRANTED. The application
for leave to appeal the November 3, 2015 judgment 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 Delta 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.
October 5, 2016
s0928
Clerk