People v. Luke

Michigan Court of Appeals

People v. Luke

320 N.W.2d 350, 115 Mich. App. 223

CourtMichigan Court of Appeals

DecidedApril 8, 1982

DocketDocket 57581

StatusPublished

Cited by9 cases

This text of 320 N.W.2d 350 (People v. Luke) 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 v. Luke, 320 N.W.2d 350, 115 Mich. App. 223 (Mich. Ct. App. 1982).

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Per Curiam.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. The statute defining armed robbery specifies that the crime is a felony punishable by imprisonment in the state prison "for life or for any term of years”. Defendant was sentenced to imprisonment for a term of six months to four years. The people appeal by leave granted and argue that the statutory language "any term of years” requires a minimum sentence of at least a year and a day.

The weight of authority in this Court indicates that the language "any term of years” does not establish a mandatory minimum sentence. See People v McKnight, 72 Mich App 282; 249 NW2d 392 (1976), lv den 399 Mich 848 (1977), People v Freeman, 73 Mich App 568; 252 NW2d 518 (1977), People v Landis, 91 Mich App 345; 283 NW2d 647 (1979), People v Earl Jones, 94 Mich App 232; 288 NW2d 385 (1979), lv den 409 Mich 854 (1980), and People v Eberly, 110 Mich App 349; 313 NW2d 123 (1981). We adhere to this view, although we note that some authority exists for construing the language to establish a minimum sentence of a year or a year and a day. See the dissent of Judge [225]*225Corkin in Jones, supra, 236, the opinion of Judge Kelly in People v Harper, 83 Mich App 390; 269 NW2d 470 (1978), lv den 406 Mich 1021 (1979), and the opinion of Judge Bronson in People v West, 113 Mich App 1; 317 NW2d 261 (1982).

Our belief that the language "any term of years” establishes no mandatory minimum sentence is reinforced by a recent decision of our Supreme Court. In People v Urynowicz, 412 Mich 137, 144; 312 NW2d 625 (1981), defendant pled guilty to first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). On appeal, defendant argued for reversal because the circuit judge did not inform him of the mandatory minimum five-year sentence required by MCL 750.520f; MSA 28.788(6) for second or subsequent offenders. The Court said:

"This defendant was not charged under § 520f. Consequently, there was no mandatory minimum of which advice under GCR 1963, 785.7(l)(d) was required.”

The penalty for first-degree criminal sexual conduct is imprisonment "for life or for any term of years”, MCL 750.520b(2); MSA 28.788(2)(2).

Affirmed.

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Per Curiam.

Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797. The statute defining armed robbery specifies that the crime is a felony punishable by imprisonment in the state prison "for life or for any term of years”. Defendant was sentenced to imprisonment for a term of six months to four years. The people appeal by leave granted and argue that the statutory language "any term of years” requires a minimum sentence of at least a year and a day.

The weight of authority in this Court indicates that the language "any term of years” does not establish a mandatory minimum sentence. See People v McKnight, 72 Mich App 282; 249 NW2d 392 (1976), lv den 399 Mich 848 (1977), People v Freeman, 73 Mich App 568; 252 NW2d 518 (1977), People v Landis, 91 Mich App 345; 283 NW2d 647 (1979), People v Earl Jones, 94 Mich App 232; 288 NW2d 385 (1979), lv den 409 Mich 854 (1980), and People v Eberly, 110 Mich App 349; 313 NW2d 123 (1981). We adhere to this view, although we note that some authority exists for construing the language to establish a minimum sentence of a year or a year and a day. See the dissent of Judge [225]*225Corkin in Jones, supra, 236, the opinion of Judge Kelly in People v Harper, 83 Mich App 390; 269 NW2d 470 (1978), lv den 406 Mich 1021 (1979), and the opinion of Judge Bronson in People v West, 113 Mich App 1; 317 NW2d 261 (1982).

Our belief that the language "any term of years” establishes no mandatory minimum sentence is reinforced by a recent decision of our Supreme Court. In People v Urynowicz, 412 Mich 137, 144; 312 NW2d 625 (1981), defendant pled guilty to first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2). On appeal, defendant argued for reversal because the circuit judge did not inform him of the mandatory minimum five-year sentence required by MCL 750.520f; MSA 28.788(6) for second or subsequent offenders. The Court said:

"This defendant was not charged under § 520f. Consequently, there was no mandatory minimum of which advice under GCR 1963, 785.7(l)(d) was required.”

The penalty for first-degree criminal sexual conduct is imprisonment "for life or for any term of years”, MCL 750.520b(2); MSA 28.788(2)(2).

Affirmed.

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320 N.W.2d 350, 115 Mich. App. 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-luke-michctapp-1982.

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