Opinion
No. 125925.
October 8, 2004.
SC: 125925, COA: 253320.
Summary Disposition.
In lieu of granting leave to appeal, the Court of Appeals order is vacated and the case is remanded to the Ingham Circuit Court for resentencing, as the court failed to articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range. MCR 7.302(G)(1). On remand, the court shall sentence defendant within the sentencing guidelines range, or articulate on the record a substantial and compelling reason for departing from the sentencing guidelines range in accordance with People v. Babcock, 469 Mich 247 (2003).
YOUNG, J. I concur in the majority's decision to vacate the Court of Appeals order and remand this case to the Ingham Circuit Court for resentencing. The reasons proffered by the trial court to justify departure from the sentencing guidelines do not pass muster under People v. Babcock, 469 Mich 247 (2003). However, the fact that the defendant sexually assaulted the complainant in a public school — a place where children are entitled to pursue their education without fear of personal harm — may be a substantial and compelling basis for departure on remand that is not factored into the guidelines.
CORRIGAN, C.J. I join in the statement of Justice YOUNG.
CAVANAGH, J. I would deny leave to appeal.
WEAVER J. I would deny leave to appeal for lack of merit in the grounds presented.