People of Michigan v. John Ray Hilberath

Michigan Court of Appeals

People of Michigan v. John Ray Hilberath

DecidedOctober 22, 2019

Docket345221

StatusUnpublished

This text of People of Michigan v. John Ray Hilberath (People of Michigan v. John Ray Hilberath) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals 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. John Ray Hilberath, (Mich. Ct. App. 2019).

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 22, 2019 Plaintiff-Appellee,

v No. 345221 Gladwin Circuit Court JOHN RAY HILBERATH, LC No. 17-009216-FH

Defendant-Appellant.

Before: MARKEY, P.J., and BORRELLO and BOONSTRA, JJ.

BOONSTRA, J. (concurring).

I concur fully with the majority opinion. However, in light of the fact that the sentencing guidelines are now advisory (although still relevant to a trial court’s sentencing determination), I write separately to state that I continue to believe it to be more accurate to refer to the challenged sentence as an “out of guidelines sentence” because the framework for reviewing such sentences post-People v Lockridge, 498 Mich 358, 365; 870 NW2d 502 (2015), differs significantly from that which existed when the sentencing guidelines were mandatory. See People v Lampe, 327 Mich App 104, 133-135; ___ NW2d ___ (2019) (BOONSTRA, J., concurring); see also People v Odom, 327 Mich App 297, ___; ___ NW2d ___ (2019) (referring to the defendant’s sentence as an “out-of-guidelines sentence”).

/s/ Mark T. Boonstra

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED October 22, 2019 Plaintiff-Appellee,

v No. 345221 Gladwin Circuit Court JOHN RAY HILBERATH, LC No. 17-009216-FH

Defendant-Appellant.

Before: MARKEY, P.J., and BORRELLO and BOONSTRA, JJ.

BOONSTRA, J. (concurring).

I concur fully with the majority opinion. However, in light of the fact that the sentencing guidelines are now advisory (although still relevant to a trial court’s sentencing determination), I write separately to state that I continue to believe it to be more accurate to refer to the challenged sentence as an “out of guidelines sentence” because the framework for reviewing such sentences post-People v Lockridge, 498 Mich 358, 365; 870 NW2d 502 (2015), differs significantly from that which existed when the sentencing guidelines were mandatory. See People v Lampe, 327 Mich App 104, 133-135; ___ NW2d ___ (2019) (BOONSTRA, J., concurring); see also People v Odom, 327 Mich App 297, ___; ___ NW2d ___ (2019) (referring to the defendant’s sentence as an “out-of-guidelines sentence”).

/s/ Mark T. Boonstra

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People of Michigan v. John Ray Hilberath, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-john-ray-hilberath-michctapp-2019.

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