Opinion
372037
10-01-2024
PEOPLE OF MICHIGAN v. TERRY LEE VERHELLE
LC No. 2023-011998-FH
Michael F. Gadola Presiding Judge, Mark J. Cavanagh, Mark T. Boonstra, Judges
ORDER
The application for leave to appeal is DENIED for lack of merit in the grounds presented. Defendant has not demonstrated plain error affecting his substantial rights. Defendant pleaded no contest to attempted manslaughter under MCL 750.329(1), which provides that a person who injures another and discharges "a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death." Defendant is correct that MCL 750.329 does not contain a punishment provision. However, under the same chapter of the Michigan Penal Code, "manslaughter" is a felony punishable by up to 15 years in prison. MCL 750.321. That 15-year term of imprisonment applies to a violation of MCL 750.329(1). People v Wafer, 509 Mich. 31, 41 n 4; 983 N.W.2d 315 (2022) ("Because an individual found guilty under MCL 750.329 has committed manslaughter, the penalty in MCL 750.321 is applicable."). Defendant's five-year maximum sentence for attempted manslaughter was therefore permitted under MCL 750.92(2).