Order Michigan Supreme Court
Lansing, Michigan
February 20, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
153632 David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153632
COA: 316110
Wayne CC: 12-005176-FC
BRIAN CHRISTOPHER LEE,
Defendant-Appellant.
_________________________________________/
By order of September 29, 2016, the application for leave to appeal the January
12, 2016 order 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.
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.
February 20, 2018
s0209
Clerk