Order Michigan Supreme Court
Lansing, Michigan
June 21, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154959 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154959
COA: 335247
Oakland CC: 2014-251220-FC
FELIX LAVELL WASHINGTON,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the November 30, 2016
order 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 Oakland 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.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
June 21, 2017
a0614
Clerk