People v. Troy Jones

Michigan Supreme Court
People v. Troy Jones, 499 Mich. 875 (Mich. 2016)
876 N.W.2d 532; 2016 Mich. LEXIS 467

People v. Troy Jones

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting *876 leave to appeal, we remand these cases to the Allegan Circuit Court to determine whether the court would have imposed materially different sentences 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. The trial court shall also consider the defendant’s argument concerning the imposition of costs, and determine whether costs should be imposed and the amount, if any, that should be assessed. 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 for bond pending appeal is denied. We do not retain jurisdiction.

Reference

Full Case Name
People of Michigan v. Troy Lavaughn Jones Jr
Status
Published