People v. Redding

• Decision Date: 22 December 2015
• Docket Number: Docket No. 151540.,COA No. 319255.
• Citation: 872 N.W.2d 453 (Mem),498 Mich. 944
• Parties: PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jermial Ali REDDING, Defendant–Appellant.
• Court: Michigan Supreme Court

498 Mich. 944

872 N.W.2d 453 (Mem)

PEOPLE of the State of Michigan, Plaintiff–Appellee,

v.Jermial Ali REDDING, Defendant–Appellant.

Docket No. 151540.

COA No. 319255.

Supreme Court of Michigan.

Dec. 22, 2015.

Order

On order of the Court, the application for leave to appeal the March 17, 2015 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals, and we REMAND this case to the Wayne 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, 870 N.W.2d 502 (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.

We do not retain jurisdiction.