People v. Richard Johnson

381 N.W.2d 424, 146 Mich. App. 809

• Court: Michigan Court of Appeals
• Decided: November 5, 1985
• Docket: Docket 79332
• Status: Published

Opinions

Per Curiam.

Defendant pled guilty to one count of delivery of heroin less than 50 grams, MCL 333.7401(1), (2)(a)(iv); MSA 14.15(7401)(1), (2)(a)(iv), in exchange for dismissal of two other counts of delivery of heroin less than 50 grams. Defendant has no criminal record. Application of the Sentencing Guidelines results in a recommended minimum term of from 12 to 24 months. Defendant was sentenced to prison for a term of from 5 to 20 years, with credit for time served.

Defendant claims that resentencing is required because the trial court’s departure from the Sentencing Guidelines constitutes an abuse of discretion such that it should shock the conscience of this Court. We disagree, and affirm.

We have determined that only the use, and not the recommended sentence ranges, of the Sentencing Guidelines is binding on a sentencing judge. People v Ridley, 142 Mich App 129; 369 NW2d 274 (1985). The authors of the Sentencing Guidelines acknowledge the nonbinding nature of the guidelines in the "Departure Policy”. Sentencing Guidelines Manual, § 27, 5.

Our review of the record reveals that the trial court adequately explained its reasons for departing from the recommended range of the Sentencing Guidelines. The trial court was specifically concerned with the protection of society and deterrence of others. It noted that heroin traffic appeared to be back in Lenawee County despite efforts to stamp it out.

We find no abuse of discretion by the trial court’s departure from the guidelines. Defendant’s sentence is not "one which far exceeds what all reasonable persons would perceive to be an appropriate social response to the crime committed and the criminal who committed it”. People v Coles, 417 Mich 523, 542-543; 339 NW2d 440 (1983).

Affirmed.