Opinion
No. 343530
02-25-2020
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. TODD LOUIS ISON, Defendant-Appellant.
If this opinion indicates that it is "FOR PUBLICATION," it is subject to revision until final publication in the Michigan Appeals Reports. UNPUBLISHED Wayne Circuit Court
LC No. 17-006585-01-FC ON REMAND Before: LETICA, P.J., and M. J. KELLY and BOONSTRA, JJ. LETICA, P.J., (concurring).
Sans the paragraph discussing People v Shavers, 448 Mich 389, 393; 531 NW2d 165 (1995), People v Compagnari, 233 Mich App 233, 236; 590 NW2d 302 (1998), and People v Coulter (After Remand), 305 Mich App 453, 456; 517 NW2d 827 (1994), I agree that defendant's sentence is proportionate and does not run afoul of People v Beck, 504 Mich ___; ___ NW2d ___ (2019), cert pending. In response to the Beck dissent, which cited to Coulter (After Remand), the majority stated:
[T]o the extent the distinction the dissent wants to draw between sentencing a defendant more harshly based on the conclusion that the defendant committed an offense of which he was acquitted and sentencing a defendant "while considering conduct that supported the acquitted charge" is a meaningful one (and we are not convinced it is), this case plainly involves the former. [Beck, 504 Mich at ___, slip op at 21, n 24.]As explained by the majority here, the sentencing court did not rely on acquitted conduct; instead, it relied upon the victim's real-time 911 call before imposing an out-of-guidelines sentence because of defendant's perjurious trial testimony and his patently false statement in the presentence investigation report. People v Houston, 448 Mich 312, 324; 532 NW2d 508 (1995) ("In imposing sentence, a trial court may consider a defendant's own perjury where there is a rational basis in the record for concluding that the defendant willfully made a flagrantly false statement on a material issue.").
/s/ Anica Letica