Resentencing of a defendant convicted of first-degree murder committed when he was 16; Errors in the presentence investigation report; Retention of jurisdiction; Scope of appeal

In an order in lieu of granting leave to appeal, the court vacated the last sentence of the Court of Appeals judgment (see eJournal # 81506 in the 5/6/24 edition), remanded the case to that court, and directed it to retain jurisdiction while remanding to the trial court. “By declining to retain jurisdiction, the Court of Appeals risked depriving the defendant of review of his proportionality claim. Although [he] would be permitted to claim an appeal of right if the trial court decides that the errors in the presentence investigation report do not warrant resentencing, . . . he would not be permitted to renew his proportionality challenge because ‘the scope of the second appeal is limited by the scope of the remand.’” The court denied leave to appeal in all other respects because it was not persuaded that it should review the remaining questions presented.