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Appeals Court Remands Case for Resentencing Under Lockridge Standard

The Defendant raised several sentencing issues. The Court stated:

While we conclude that the trial court properly assessed Fleming’s offense variables, because Fleming’s sentence involved a judicial factfinding, we vacate his sentence and remand for resentencing under Lockridge, ___ Mich at ___. Fleming contends that his sentence must be vacated in light of Alleyne v United States, 570 US ___; 133 S Ct 2151; 186 L Ed 2d 314 (2013), because it involved judicial factfinding. In Lockridge, the Michigan Supreme Court held that Alleyne applies to Michigan’s sentencing scheme, and the Sixth Amendment does not permit the trial court to increase a defendant’s minimum sentence through judicial factfinding. Lockridge, ___ Mich at ___; slip op at 26. Fleming’s sentence involved judicial factfinding in several offense variables. Accordingly, Fleming has demonstrated that “an unconstitutional constraint actually impaired [Fleming’s] Sixth Amendment right.” See Id. at ___; slip op at 32. We must “remand[] to the trial court to -8- determine whether the court would have imposed a materially different sentence but for the constitutional error.” See Id. at ___; slip op at 34.

People v Fleming, Docket No. 317040.

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