People v. Daniel

36 Citing cases

  1. People v. Schwander

    No. 320768 (Mich. Ct. App. Jul. 21, 2015)

    Our Supreme Court has repeatedly rejected reliance on a defendant's expression of remorse as a ground for departure. People v Daniel, 462 Mich 1, 6-7; 609 NW2d 557 (2000); People v Fields, 448 Mich 58, 69; 528 NW2d 176 (1995). Expressions of remorse may be objective, the Supreme Court has observed, but "a defendant's intent when he expresses remorse is within his own mind and is, therefore, subjective."

  2. People v. Palmer

    No. 311495 (Mich. Ct. App. Jan. 2, 2014)

    The Legislature required trial court's to have a substantial and compelling reason because it did not want trial courts to routinely depart from the guidelines for just any reason. See People v Daniel, 462 Mich 1, 10; 609 NW2d 557 (2000). "A substantial and compelling reason is an objective and verifiable reason that keenly or irresistibly grabs our attention; is of considerable worth in deciding the length of a sentence; and exists only in exceptional cases."

  3. People v. Terpening

    No. 314050 (Mich. Ct. App. Mar. 13, 2014)

    However, whether a defendant has expressed remorse is a subjective factor that this Court cannot review. People v Daniel, 462 Mich 1, 8 n 9, 11; 609 NW2d 557 (2000); People v Fields, 448 Mich 58, 69, 80; 528 NW2d 176 (1995). Regarding OV 13, the trial court noted that OV 13 only goes back to a five-year period, but there were "other-acts victims": a 12 year-old victim that alleged sexual assault and a 10 year-old victim "that was in the foster care system with [defendant's] mother that [defendant] raped, according to the testimony presented here at trial."

  4. People v. Terrell

    No. 302135 (Mich. Ct. App. Sep. 24, 2013)

    Remorse is not an appropriate factor to take into consideration in making a departure decision. People v Daniel, 462 Mich 1, 8; 609 NW2d 557 (2000) (noting that an expression of remorse, while being an objective action capable of confirmation, is nonetheless subjective in nature, with the true intent lodged solely within the defendant's mind). We also note that a sentence cannot be based on a defendant's refusal to admit guilt.

  5. People v. Portellos

    298 Mich. App. 431 (Mich. Ct. App. 2012)   Cited 58 times   1 Legal Analyses
    Finding that a parent's failure to summon medical assistance could support a conviction of first-degree child abuse

    As we stated earlier, the trial court's finding that Portellos cooperated with police was supported by the record evidence and was not clearly erroneous. People v. Daniel, 462 Mich. 1, 7, 609 N.W.2d 557 (2000). The prosecution argues that the ability of the victim's family to forgive the defendant is not objective and verifiable because it is similar to a defendant's lack of remorse.

  6. People v. Randall

    No. 304042 (Mich. Ct. App. Sep. 20, 2012)

    The trial court also properly found that defendant's discarding of physical evidence (a condom) and his behavior after being arrested, i.e., lying and trying to get a codefendant to lie and "act crazy" in order to interfere with the police investigation, were factors that keenly or irresistibly grabbed the court's attention. The various factors were "captivating" and "of considerable worth," People v Daniel, 462 Mich 1, 10; 609 NW2d 557 (2000) (internal citations and quotation marks omitted), and defendant's argument to the contrary is meritless. Defendant appears to suggest that the trial court erred in relying on factors already taken into consideration in the sentencing guidelines. However, a court may base its departure on "an offense characteristic or offender characteristic already taken into account in determining the appropriate sentence range" as long as "the court finds from the facts in the court record that the characteristic has been given inadequate or disproportionate weight."

  7. People v. Claypool

    470 Mich. 715 (Mich. 2004)   Cited 118 times   1 Legal Analyses
    Holding that employment as a cabdriver for less than two years did not constitute a substantial and compelling reason for departing from the sentencing guidelines

    Consistent with my opinions in People v. Daniel and People v. Babcock, I would consider all relevant factors, including police conduct, when determining whether there is a substantial and compelling reason to depart from the sentencing guidelines ranges, and I would not limit how the factor of police conduct may be considered.People v. Daniel, 462 Mich 1, 22-23; 609 NW2d 557 (2000) (Weaver, C.J., dissenting).People v. Babcock, 469 Mich 247, 280-284; 666 NW2d 231 (2003) (Weaver, J., dissenting in part and concurring in part).

  8. People v. Babcock

    469 Mich. 247 (Mich. 2003)   Cited 1,263 times
    Holding that an abuse of discretion occurs when a trial court chooses an outcome that falls outside the range of principled outcomes

    MCL 769.34(3); People v. Daniel, 462 Mich. 1, 9, 609 N.W.2d 557 (2000).         5.

  9. People v. Mass

    464 Mich. 615 (Mich. 2001)   Cited 216 times
    Holding that delivery of a controlled substance is a general intent crime

    Hence, subsection (2) increases the applicable prison term as the amount of the controlled substance increases. See, e.g., People v Daniel, 462 Mich. 1; 609 N.W.2d 557 (2000); People v Fields, 448 Mich. 58; 528 N.W.2d 176 (1995). A plain reading of MCL 333.7401 makes the amount of a controlled substance an element of a delivery offense.

  10. People v. Podbevsek

    No. 362017 (Mich. Ct. App. Jul. 6, 2023)

    The trial court contemplated the four traditional objectives of sentencing: rehabilitation, incapacitation, deterrence, and punishment. But the Court failed to explain why the sentencing guidelines, which take these factors into account, failed to offer a proportionate sentence. SeePeople v Daniel, 462 Mich. 1, 7 n 8; 609 N.W.2d 557 (2000). Moreover, the trial court decided that the sentence imposed was proportionate to the crime viewed against the backdrop of defendant's criminal history, a consideration accounted for in more than one of the prior record variables.