Case Information

*1 Order Michigan Supreme Court

Lansing, Michigan November 29, 2017 Stephen J. Markman,

Chief Justice Brian K. Zahra Bridget M. McCormack 153694 David F. Viviano

Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 153694

COA: 325192 Ionia CC: 2014-015993-FH KYLE BRANDON RICHARDS,

Defendant-Appellant.

_________________________________________/

By order of January 31, 2017, the application for leave to appeal the April 26, 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 proportionality review, and we REMAND this case to the Court of Appeals for plenary review of whether the defendant’s 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.

C LEMENT , 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