Not overruled or negatively treated on appealinfoCoverage
Supreme Court of Michigan.May 2, 2016
877 N.W.2d 727 (Mich. 2016)

Docket No. 149791. COA No. 319527.


PEOPLE of the State of Michigan, Plaintiff–Appellee, v. James WASHINGTON, III, Defendant–Appellant.


By order of April 28, 2015, the application for leave to appeal the June 3, 2014 order of the Court of Appeals was held in abeyance pending the decision in Montgomery v. Louisiana, cert. gtd. 575 U.S. ––––, 135 S.Ct. 1546, 191 L.Ed.2d 635 (2015). On order of the Court, the case having been decided on January 25, 2016, Montgomery v. Louisiana, 577 U.S. ––––, 136 S.Ct. 718, 193 L.Ed.2d 599 (2016), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Saginaw Circuit Court on the defendant's first-degree murder conviction, and we REMAND this case to the trial court for resentencing on that conviction pursuant to MCL 769.25 and MCL 769.25a. See Montgomery v. Louisiana, supra; Miller v. Alabama, 567 U.S. ––––, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012).

We do not retain jurisdiction.