Opinion
No. 105645.
December 10, 1996.
Leave to Appeal Denied December 10, 1996:
Court of Appeals No. 177053.
I concur with the statement of Justice LEVIN.
I would grant leave to appeal.
The judge's statement, in explaining the forty- to sixty-year sentence imposed on defendant's conviction as charged of second-degree murder, that this was a "textbook case of murder in the first degree" requires remand for resentencing.
The guideline range was twelve to twenty-five years. The prosecutor required a minimum sentence in the range of "twenty to twenty-five years at the upper end of the guidelines" or life.