Opinion
SC: 158853 COA: 339701
03-27-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ronald WILLIAMS, Defendant-Appellant.
Order
By order of April 5, 2019, the application for leave to appeal the November 29, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Turner (Docket No. 158068). On order of the Court, that case having been decided on 505 Mich. 954, 936 N.W.2d 827 (2020), 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 holding that the defendant was not entitled to resentencing, and we REMAND this case to the Wayne Circuit Court for further proceedings not inconsistent with this order. The defendant was not required to file a motion for relief from judgment to challenge his sentence for second-degree murder that was imposed concurrently to his sentence for first-degree murder committed when he was less than 18 years old. People v. Turner , supra. The trial court had jurisdiction to consider his arguments concerning his second-degree murder sentence at the resentencing for first-degree murder held pursuant to MCL 769.25a and Miller v. Alabama , 567 U.S. 460, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012). On remand, the trial court shall consider whether the sentence for second-degree murder was based on a legal misconception that the defendant was required to serve a mandatory sentence of life without parole for first-degree murder. If so, the trial court may exercise its discretion to resentence the defendant for second-degree murder. 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.