Opinion
SC: 157370 COA: 325627
11-27-2019
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Fernandus Cortez ELLEN, Defendant-Appellee.
Order
By order of July 3, 2018, the application for leave to appeal the February 1, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Dixon-Bey (Docket No. 156746). On order of the Court, leave to appeal having been denied in Dixon-Bey on July 29, 2019, 504 Mich. ––––, 931 N.W.2d 302 (2019), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the Court of Appeals judgment finding that the trial court failed to explain why the extent of the guidelines departure was warranted, and remanding this case to the trial court for resentencing. The trial court adequately described the circumstances surrounding the offense as being at the most serious end of the spectrum of manslaughter cases and the defendant’s efforts to silence witnesses, thereby warranting the most severe sentence permitted. The principle of proportionality was satisfied and the trial court did not abuse its discretion.