People of Michigan v. Aaron Antwaun Robinson

Michigan Supreme Court

People of Michigan v. Aaron Antwaun Robinson

DecidedJanuary 20, 2021

Docket161607

StatusPublished

This text of People of Michigan v. Aaron Antwaun Robinson (People of Michigan v. Aaron Antwaun Robinson) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Aaron Antwaun Robinson, (Mich. 2021).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

January 20, 2021 Bridget M. McCormack, Chief Justice

161607 & (83) Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 161607 COA: 335193 Genesee CC: 11-029956-FC AARON ANTWAUN ROBINSON, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the May 14, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, VACATE the sentences for first-degree home invasion and safe-breaking, and REMAND this case to the Genesee Circuit Court for resentencing. When the trial court departed upward from the recommended guidelines range, it improperly sentenced the defendant based in part on acquitted conduct. People v Beck, 504 Mich 605 (2019). On remand, the trial court must also reconsider whether to impose discretionary consecutive sentencing. The motion to add issue is DENIED.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. January 20, 2021 p0113 Clerk

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Order Michigan Supreme Court Lansing, Michigan

January 20, 2021 Bridget M. McCormack, Chief Justice

161607 & (83) Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 161607 COA: 335193 Genesee CC: 11-029956-FC AARON ANTWAUN ROBINSON, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 14, 2020 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals, VACATE the sentences for first-degree home invasion and safe-breaking, and REMAND this case to the Genesee Circuit Court for resentencing. When the trial court departed upward from the recommended guidelines range, it improperly sentenced the defendant based in part on acquitted conduct. People v Beck, 504 Mich 605 (2019). On remand, the trial court must also reconsider whether to impose discretionary consecutive sentencing. The motion to add issue is DENIED.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. January 20, 2021 p0113 Clerk

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Bluebook (online)

People of Michigan v. Aaron Antwaun Robinson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-aaron-antwaun-robinson-mich-2021.