People of Michigan v. Magdelena Mae Taylor

Michigan Court of Appeals

People of Michigan v. Magdelena Mae Taylor

DecidedAugust 23, 2016

Docket327752

StatusUnpublished

This text of People of Michigan v. Magdelena Mae Taylor (People of Michigan v. Magdelena Mae Taylor) 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. Magdelena Mae Taylor, (Mich. Ct. App. 2016).

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Opinion

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 23, 2016 Plaintiff-Appellee,

v No. 327752 Ingham Circuit Court MAGDELENA MAE TAYLOR, LC No. 14-000713-FH

Defendant-Appellant.

Before: OWENS, P.J., and SAWYER and SHAPIRO, JJ.

PER CURIAM.

Defendant appeals by leave granted1 from her conviction of assault with a dangerous weapon, MCL 750.82. On April 1, 2014, she was sentenced to 13 to 48 months imprisonment with credit for 124 days served. We dismiss this appeal as moot.

It is undisputed that defendant’s sentence constituted an upward departure. On appeal, defendant argues that she is entitled to resentencing because the trial court failed to articulate substantial and compelling reasons to justify the departure sentence. Defendant, however, has fully served her minimum sentence, so there is no remedy available to her even if we were to agree that the trial court erred in imposing a departure sentence. See People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994) (“Where a subsequent event renders it impossible for this Court to fashion a remedy, an issue becomes moot.”). Further, we do not believe the question at hand is one of public significance that is likely to recur yet evade review. See People v Kaczmarek, 464 Mich 478, 481; 628 NW2d 484 (2001).

Dismissed as moot.

/s/ Donald S. Owens /s/ David H. Sawyer /s/ Douglas B. Shapiro

1 People v Taylor, unpublished order of the Court of Appeals, entered July 7, 2015 (Docket No. 327752).

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STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 23, 2016 Plaintiff-Appellee,

v No. 327752 Ingham Circuit Court MAGDELENA MAE TAYLOR, LC No. 14-000713-FH

Defendant-Appellant.

Before: OWENS, P.J., and SAWYER and SHAPIRO, JJ.

PER CURIAM.

Defendant appeals by leave granted1 from her conviction of assault with a dangerous weapon, MCL 750.82. On April 1, 2014, she was sentenced to 13 to 48 months imprisonment with credit for 124 days served. We dismiss this appeal as moot.

It is undisputed that defendant’s sentence constituted an upward departure. On appeal, defendant argues that she is entitled to resentencing because the trial court failed to articulate substantial and compelling reasons to justify the departure sentence. Defendant, however, has fully served her minimum sentence, so there is no remedy available to her even if we were to agree that the trial court erred in imposing a departure sentence. See People v Rutherford, 208 Mich App 198, 204; 526 NW2d 620 (1994) (“Where a subsequent event renders it impossible for this Court to fashion a remedy, an issue becomes moot.”). Further, we do not believe the question at hand is one of public significance that is likely to recur yet evade review. See People v Kaczmarek, 464 Mich 478, 481; 628 NW2d 484 (2001).

Dismissed as moot.

/s/ Donald S. Owens /s/ David H. Sawyer /s/ Douglas B. Shapiro

1 People v Taylor, unpublished order of the Court of Appeals, entered July 7, 2015 (Docket No. 327752).

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People of Michigan v. Magdelena Mae Taylor, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-magdelena-mae-taylor-michctapp-2016.

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