People of Michigan v. Glenn Walter Schomaker

Michigan Supreme Court

People of Michigan v. Glenn Walter Schomaker

DecidedMay 21, 2014

Docket148263

StatusPublished

This text of People of Michigan v. Glenn Walter Schomaker (People of Michigan v. Glenn Walter Schomaker) 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.

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People of Michigan v. Glenn Walter Schomaker, (Mich. 2014).

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Order Michigan Supreme Court Lansing, Michigan

May 21, 2014 Robert P. Young, Jr., Chief Justice

148263 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 148263 COA: 316095 Saginaw CC: 12-037055-FH GLENN WALTER SCHOMAKER, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the October 29, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of sentence, and we REMAND this case to the Saginaw Circuit Court. The sentencing guidelines apply to probation violation sentences. People v Hendrick, 472 Mich 555 (2005). The upper limit of the defendant’s sentencing guidelines range was less than 18 months, and the court was required to impose an intermediate sanction under MCL 769.34(4)(a) unless it provided a substantial and compelling reason to depart from the guidelines range in accordance with MCL 769.34(3). The court erred by departing from the sentencing guidelines range without providing a substantial and compelling reason, contrary to People v Babcock, 469 Mich 247 (2003). On remand, the trial court shall sentence the defendant to an intermediate sanction, or state on the record a substantial and compelling reason for departing from the sentencing guidelines range. We note that the acts giving rise to the probation violation may provide a substantial and compelling reason to depart. Hendrick, supra. 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.

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. May 21, 2014 p0521 Clerk

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Order Michigan Supreme Court Lansing, Michigan

May 21, 2014 Robert P. Young, Jr., Chief Justice

148263 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 148263 COA: 316095 Saginaw CC: 12-037055-FH GLENN WALTER SCHOMAKER, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 29, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of sentence, and we REMAND this case to the Saginaw Circuit Court. The sentencing guidelines apply to probation violation sentences. People v Hendrick, 472 Mich 555 (2005). The upper limit of the defendant’s sentencing guidelines range was less than 18 months, and the court was required to impose an intermediate sanction under MCL 769.34(4)(a) unless it provided a substantial and compelling reason to depart from the guidelines range in accordance with MCL 769.34(3). The court erred by departing from the sentencing guidelines range without providing a substantial and compelling reason, contrary to People v Babcock, 469 Mich 247 (2003). On remand, the trial court shall sentence the defendant to an intermediate sanction, or state on the record a substantial and compelling reason for departing from the sentencing guidelines range. We note that the acts giving rise to the probation violation may provide a substantial and compelling reason to depart. Hendrick, supra. 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.

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. May 21, 2014 p0521 Clerk

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People of Michigan v. Glenn Walter Schomaker, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-glenn-walter-schomaker-mich-2014.

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