Case Information
*1 Order Michigan Supreme Court
Lansing, Michigan October 7, 2016 Robert P. Young, Jr.,
Chief Justice 153463 & (41)(42) Stephen J. Markman
Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 153463
COA: 324193 Oakland CC: 2013-248152-FC ADAM DONALD LUTZ,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to permit additional ground for appeal is GRANTED. The application for leave to appeal the February 25, 2016 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 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. The motion to amend and clarify the record is DENIED.
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 7, 2016
p1004 Clerk