Order Michigan Supreme Court
Lansing, Michigan
November 29, 2017 Stephen J. Markman,
Chief Justice
153685-6 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement,
Justices
Plaintiff-Appellee,
v SC: 153685
COA: 323279
Wayne CC: 13-008592-FC
DAVID TROY ZARN,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 153686
COA: 323280
Wayne CC: 13-008758-FC
DAVID TROY ZARN,
Defendant-Appellant.
_________________________________________/
By order of March 7, 2017, the application for leave to appeal the March 22, 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, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REVERSE that part of the judgment of the Court of Appeals
remanding this case to the trial court for a hearing pursuant to People v Lockridge, 498
Mich 358 (2015), and we REMAND this case to the Court of Appeals for plenary review
of the defendant’s claim that his sentence was disproportionate under the standard set
forth in People v Milbourn, 435 Mich 630, 636 (1990). See People v Steanhouse, 500
Mich at 460-461. 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.
CLEMENT, J., did not participate.
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 29, 2017
s1120
Clerk