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People v. Oliver

Supreme Court of Michigan
Feb 27, 2004
469 Mich. 1012 (Mich. 2004)

Opinion

No. 124493.

February 27, 2004.


Leave to Appeal Denied.

No. 124493; Court of Appeals No. 248940.


Defendant pleaded no contest for his role in an armed robbery at a home. His sentence was enhanced because the victims were terrorized. However, defendant never entered the home or dealt personally with the victims, so he could not have engaged in terrorization.

One of the primary objectives of our sentencing guidelines is to impose greater punishment on the more culpable parties. Defendant is less culpable than his accomplices. However, the accomplices each received a lesser sentence than defendant did. Defendant's sentence erroneously reflected that he had engaged in terrorization. Because this error undermines the objectives of the sentencing guidelines and has prejudiced defendant, I would remand for resentencing.


Summaries of

People v. Oliver

Supreme Court of Michigan
Feb 27, 2004
469 Mich. 1012 (Mich. 2004)
Case details for

People v. Oliver

Case Details

Full title:PEOPLE v. OLIVER

Court:Supreme Court of Michigan

Date published: Feb 27, 2004

Citations

469 Mich. 1012 (Mich. 2004)