(DOWNLOAD) "People V. Babcock" by Michigan Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: People V. Babcock
- Author : Michigan Supreme Court
- Release Date : January 31, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
We granted leave to appeal in this case to consider whether the trial court articulated a substantial and compelling reason, as required under MCL 769.34(3), to justify its downward departure from the statutory sentencing guidelines. The Court of Appeals concluded that the trial court did not abuse its discretion in departing from the guidelines and, thus, affirmed defendant's sentence. The Court of Appeals concluded that some of the trial court's reasons for departing from the statutory sentencing guidelines were not objective and verifiable and, therefore, not substantial and compelling. Because the Court of Appeals did not determine whether the trial court would have departed, and would have departed to the same degree, had it not relied on these improper factors, we reverse the judgment of the Court of Appeals and remand this case to the Court of Appeals for further consideration pursuant to this opinion.
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