Case Information

*1 Order Michigan Supreme Court

Lansing, Michigan October 31, 2017 Stephen J. Markman,

Chief Justice 153000 Brian K. Zahra

Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder, Justices Plaintiff-Appellant, v SC: 153000

COA: 321534 Presque Isle CC: 12-092763-FC ALLAN WAYNE SHANK,

Defendant-Appellee.

_________________________________________/

By order of July 26, 2016, the application for leave to appeal the November 17, 2015 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 the judgment of the Court of Appeals remanding this case to the trial court for proportionality review and 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 sentencing claims, including 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.

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 31, 2017

p1023 Clerk