People v. Valentin

577 N.W.2d 73, 457 Mich. 1
CourtMichigan Supreme Court
DecidedApril 14, 1998
Docket108160, Calendar No. 5
StatusPublished
Cited by30 cases

This text of 577 N.W.2d 73 (People v. Valentin) 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.

Bluebook
People v. Valentin, 577 N.W.2d 73, 457 Mich. 1 (Mich. 1998).

Opinions

Boyle, J.

We granted leave to determine whether MCL 771.7(1); MSA 28.1137(1) and MCR 6.933(B)(1) require a trial court to sentence a juvenile defendant as to whom juvenile court jurisdiction was automatically waived, and who originally had been sentenced to juvenile probation, to a term of years after revocation of probation where the original offense carried a mandatory life sentence. We hold that a life sentence is not authorized, under MCL 771.7(1); MSA 28.1137(1) and MCR 6.933(B)(1). Rather, given that the statute authorizes the sentencing court to sen[4]*4tence the juvenile defendant to “a term of years that shall not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted,” the statute, under these circumstances, authorizes a sentence of any term of years. No term of years exceeds the mandatory life penalty authorized for the offense. We affirm the Court of Appeals remand for resentencing.

i

In 1989, sixteen-year-old defendant Anthony Valentin was charged with possession with intent to deliver 650 grams or more of cocaine1 and possession of a firearm during the commission of a felony.2 The Wayne County Prosecutor filed a complaint, automatically waiving jurisdiction of defendant to the Recorder’s Court.3 On January 11, 1990, defendant pleaded guilty to the possession with intent to deliver charge. The trial court sentenced him to juvenile probation and committed him to the custody of the state as a juvenile ward until his twenty-first birthday.4 On the same day, defendant was sentenced to terms of one to twenty years in two separate cases involving delivery of more than 50 grams of cocaine before a different Recorder’s Court judge.

On September 11, 1991, defendant appeared before the trial court in this case and informed the court that he was approaching eligibility for parole from the adult penal system on the separate offenses. Pursuant [5]*5to the recommendation of the Department of Social Services, the trial court amended the juvenile probation sentence to authorize release into the custody of his parents if he was paroled. Defendant was paroled on November 22, 1991.

Defendant was arrested for carrying a concealed weapon in an automobile5 four months after his parole and release into his parents’ custody. Upon conviction of this offense, the trial court in the present case revoked defendant’s juvenile probation. The court sentenced defendant to mandatory life imprisonment without the possibility of parole on the conviction of possession with intent to deliver 650 grams or more of cocaine.

Defendant appealed as of right, arguing that MCL 771.7(1); MSA 28.1137(1) and MCR 6.933(B)6 require a sentence of a “term of years.” The Court of Appeals reversed defendant’s sentence as contrary to the statute and court rule, and remanded the case to the trial court for resentencing. 220 Mich App 401; 559 NW2d 396 (1996). We granted the prosecutor’s application for leave to appeal. 456 Mich 851 (1997).

n

In resolving disputed interpretations of statutory language, it is the function of the reviewing court to effectuate the legislative intent. Nation v W D E Electric Co, 454 Mich 489, 494; 563 NW2d 233 (1997). If the language used is clear, the Legislature must have intended the meaning it has plainly expressed, and the statute must be enforced as written. Id. However, [6]*6if a statute is susceptible to more than one interpretation, the court must engage in judicial construction, and “a statute that is unambiguous on its face can be ‘rendered ambiguous by its interaction with and its relation to other statutes.’ ” People v Denio, 454 Mich 691, 699; 564 NW2d 13 (1997).

The prosecutor argues that the Court of Appeals erred in requiring the trial court to impose a term of years under the revocation statute, and that a mandatory life sentence under the controlled substances act is required. The defendant counters that a term of years is required and that a mandatory life sentence may not be imposed under the revocation statute. We conclude that MCL 771.7(1); MSA 28.1137(1) requires imposition of a term of years.

A

The automatic waiver statute demonstrates a clear legislative intent “to treat juveniles like adults for all crimes arising out of enumerated criminal activity.” People v Veling, 443 Mich 23, 39; 504 NW2d 456 (1993). Thus, “the Legislature . . . intended to treat [such] juvenile offenders . . . more harshly by providing adult penalties for certain crimes.” Id. at 27. The adult penalty for the crime committed by this defendant is mandatory life, and this penalty manifests a clear legislative intent to treat persons convicted of possession with intent to deliver 650 grams or more of a specified controlled substance with the harshest penalty available under Michigan law. However, MCL 769.1(3); MSA 28.1072(3) authorizes the trial court’s exercise of discretion in deciding if juvenile probation is an appropriate sentence where a juvenile is convicted as an adult.

[7]*7MCL 771.7(1); MSA 28.1137(1) requires revocation of probation for a subsequent conviction of a felony or misdemeanor punishable by more than one year in prison, and imposition of a sentence of “a term of years that shall not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted . . . .” The penalty not to be exceeded here is a mandatory life sentence. However, while MCL 771.7(1); MSA 28.1137(1) requires a term of years not to exceed that penalty, the statute does not in clear terms exclude imposition of a mandatory life sentence where imposition of that sentence was required for the original conviction.7

B

MCL 771.7(1); MSA 28.1137(1) provides in relevant part:

If a juvenile placed on probation and committed under section 1(3) or (4) and chapter IX to a state institution or agency described in the youth rehabilitation services act . . . is found by the court to have violated probation by being convicted of a felony or a misdemeanor punishable [8]*8by imprisonment for more than 1 year, the court shall revoke probation and order the juvenile committed to the department of corrections for a term of years that shall not exceed the penalty that could have been imposed for the offense for which the juvenile was originally convicted and placed on probation with credit granted against the sentence for the period of time the juvenile served on probation. [Emphasis added.][8]

Defendant was originally convicted of possession with intent to deliver 650 or more grams of cocaine under MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i), which provided at the relevant time that any person who is so convicted “shall be imprisoned for life.” However, the trial court sentenced defendant to juvenile probation under MCL 769.1(3); MSA 28.1072(3), which provides in relevant part:

[A] judge of a court having jurisdiction over a juvenile shall conduct a hearing at the juvenile’s sentencing to determine if the best interests of the public would be served by placing the juvenile on probation and committing the juvenile to a state institution or agency described in . . .

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Bluebook (online)
577 N.W.2d 73, 457 Mich. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valentin-mich-1998.