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People v. Johnson

Court of Appeals of Michigan
Feb 11, 2022
No. 359929 (Mich. Ct. App. Feb. 11, 2022)

Opinion

359929

02-11-2022

People of Michigan v. Bradley Scott Johnson


LC No. 19-005793-FH

Mark J. Cavanagh Elizabeth L. Gleicher Judges

ORDER

Deborah A. Servitto Presiding Judge.

In lieu of granting the application for leave to appeal, the Court orders, pursuant to MCR 7.205(E)(2), that defendant's sentence is VACATED. The trial court failed to articulate a reason for the extent of the departure in this case. People v Dixon-Bey, 321 Mich.App. 490, 525-526; 909 N.W.2d 458 (2017).

The matter is REMANDED for resentencing. On resentencing, if the trial court imposes a sentence departure above the guidelines, the court must articulate the reasons for the departure and for the extent of the departure. People v Steanhouse, 500 Mich. 453; 902 N.W.2d 327 (2017); People v Smith, 482 Mich. 292; 754 N.W.2d 284 (2008).

The Court retains no further jurisdiction.


Summaries of

People v. Johnson

Court of Appeals of Michigan
Feb 11, 2022
No. 359929 (Mich. Ct. App. Feb. 11, 2022)
Case details for

People v. Johnson

Case Details

Full title:People of Michigan v. Bradley Scott Johnson

Court:Court of Appeals of Michigan

Date published: Feb 11, 2022

Citations

No. 359929 (Mich. Ct. App. Feb. 11, 2022)