Order Michigan Supreme Court
Lansing, Michigan
November 16, 2017 Stephen J. Markman,
Chief Justice
154897 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 154897
COA: 327601
Wayne CC: 10-005864-FH
LAVAGAS DRAIN,
Defendant-Appellee.
_________________________________________/
By order of March 7, 2017, the application for leave to appeal the October 13,
2016 judgment of the Court of Appeals was held in abeyance pending the decisions in
People v Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos.
152946-8). On order of the Court, the cases having been decided on July 24, 2017, 500
Mich 453 (2017), the application is again considered, and it is DENIED, because we are
not persuaded that the question presented should be reviewed by this Court.
MARKMAN, C.J. (concurring).
I concur in this Court’s decision to deny leave to appeal because I agree with the
Court of Appeals’ remand for resentencing on the ground that the trial court failed to
adequately explain why the particular sentence here was reasonable. At the same time,
however, I do not agree with the Court of Appeals that at this juncture any particular
sentence should be ruled in, or ruled out, as reasonable or unreasonable.
WILDER, J., did not participate because he was on the Court of Appeals panel at an
earlier stage of the proceedings.
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.
November 16, 2017
t1115
Clerk