Opinion
363588
12-02-2022
People of Michigan v. Richard James Guichelaar
LC No. 21-002474-FC
Elizabeth L. Gleicher Presiding Judge Mark J. Cavanagh Colleen A. O'Brien Judges
ORDER
The application for leave to appeal is GRANTED. The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). This appeal is limited to the issues raised in the application and supporting brief. MCR 7.205(E)(4).
Judge Gleicher concurs with the panel's decision to grant defendant's application for leave to appeal. This case pits a Cobbs agreement predicated on a substantially inaccurate scoring of the guidelines against the rules governing departure sentences. Unpublished cases of this Court seem to indicate that a sentencing judge must justify a departure sentence despite that the sentence falls within the parameters of a Cobbs agreement. Because a sentence must be proportionate, Cobbs or no Cobbs, a panel should evaluate the propriety of defendant's sentence and the trial court's justification for the sentence.