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People v. Baisden

Supreme Court of Michigan
Apr 28, 2009
483 Mich. 975 (Mich. 2009)

Opinion

No. 137890.

April 28, 2009.

Court of Appeals No. 269999.


Summary Dispositions.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate in part the judgment of the Court of Appeals and we remand this case to the Court of Appeals for reconsideration of the defendant's claims of sentencing error. On September 26, 2008, this Court reversed in part the judgment of the Court of Appeals and remanded this case to the Court of Appeals for consideration of the defendant's remaining issues. In a memorandum opinion, the Court of Appeals adopted the analysis of the opinion dissenting from its unpublished opinion per curiam issued March 4, 2008 in Docket No. 269999 for its resolution of the remaining issues. The Court then affirmed the defendant's conviction and sentence. However, the dissenting opinion had determined that the defendant should be resentenced, finding that the trial court abused its discretion in departing from the sentencing guidelines because the reasons articulated for departure were not substantial and compelling, as required by MCL 769.34(3). The Court of Appeals affirmance of the defendant's sentence in its memorandum opinion is inconsistent with the determination that resentencing is required. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court. We do not retain jurisdiction.


Summaries of

People v. Baisden

Supreme Court of Michigan
Apr 28, 2009
483 Mich. 975 (Mich. 2009)
Case details for

People v. Baisden

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANTHONY LEE…

Court:Supreme Court of Michigan

Date published: Apr 28, 2009

Citations

483 Mich. 975 (Mich. 2009)

Citing Cases

Baisden v. Caruso

People v. Baisden, No. 269999, 2008 WL 4724327 (Mich. Ct. App. October 28, 2008). The Michigan Supreme Court…