Summary
holding that the two-thirds rule applied to a term-of-years sentence
Summary of this case from Plumaj v. BookerOpinion
No. 135940.
June 27, 2008.
Court of Appeals No. 272425.
Summary Dispositions June 27, 2008:
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we reverse in part the judgment of the Court of Appeals, we vacate the sentence of the Macomb Circuit Court, and we remand this case to the trial court for resentencing. The 62-year minimum sentences imposed for first-degree criminal sexual conduct, second-degree criminal sexual conduct, breaking and entering a building with intent to commit larceny, first-degree home invasion, assault with intent to do great bodily harm, and kidnapping exceed two-thirds of the 80-year maximum sentences imposed, in violation of MCL 769.34(2)(b) and People v Tanner, 387 Mich 683 (1972). On remand, the trial court shall resentence the defendant on these counts in accordance with People v Thomas, 447 Mich 390 (1994), which provides that the proper remedy for a Tanner violation is a reduction in the minimum sentence. The trial court shall also resentence the defendant as ordered by the Court of Appeals. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining questions presented should be reviewed by this Court. We do not retain jurisdiction.
Although I continue to believe that defendant, in asserting that all of his offenses must be scored under the sentencing guidelines, not simply the most serious one, raises an issue that deserves consideration by this Court, see People v Getscher, 478 Mich 887, 888 (MARKMAN, J., dissenting), it is apparent that the majority of this Court believes otherwise. Thus, I concur in its decision to remand only on the violation of MCL 769.34(2)(b) and People v Tanner, 387 Mich 683 (1972).