People v. Kilburn

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we remand this case to the Ionia 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 (2015). On remand, the trial court shall follow the procedure described in Part VT 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 addition, we vacate the trial court’s November 21, 2014 order reinstating costs. The court did not have authority to sua sponte enter the order because the correction was not a clerical error under MCR 6.435(A), the judgment of sentence was not invalid within the meaning of MCR 6.429(A), and the amended version of MCL 769.1k does not apply to the court’s amended judgment of sentence issued September 29, 2014. We do not retain jurisdiction.