Juvenile lifer; Term-of-years resentencing; First-degree murder; MCL 750.316; MCL 769.25a(4)(c); Youth as mitigating factor; People v Boykin; People v Snow; People v Copeland; Miller v Alabama; Proportionality

The court held that the trial court did not abuse its discretion by resentencing defendant to 39 to 60 years for first-degree murder committed when he was 16 years old. Defendant was originally sentenced to life without parole, later resentenced to a term of years, and then resentenced again after remand for compliance with Boykin. On appeal, the court rejected defendant’s argument that the trial court failed to properly assess youth as a mitigating factor. The court reasoned that the record showed the trial court “painstakingly addressed each of the Miller factors,” even though there are “no magic words or phrases” required to show adequate consideration of youth. The trial court expressly recognized that defendant was “very young” and that being 16 had “a huge impact on decision-making.” It also considered his family environment, noting this was “not a case where he is living out on the streets” and that his parents “were trying their best to put him on the right path.” As to the offense, the trial court found the circumstances “egregious,” including that a three-year-old was struck in the head with a gun, and stated there were “absolutely no words for that.” The court also noted that the trial court considered rehabilitation, finding defendant “has the ability to rehabilitate.” The sentence was within the statutory range and the record showed youth was treated as mitigating. Affirmed.