Summary
In Powe, 469 Mich at 1032, the Supreme Court reversed this Court's ruling that had incorrectly vacated, based on Tanner and MCL 769.34(2)(b), the trial court's imposition of sentences of 18 years and 9 months to 25 years' imprisonment for carjacking and armed robbery.
Summary of this case from People v. IvoryOpinion
No. 124711.
April 9, 2004.
Summary Disposition.
No. 124711. In lieu of granting leave to appeal, that portion of the opinion that vacates defendant's sentences and remands for resentencing is reversed. MCR 7.302(G)(1). A minimum sentence that falls within the properly scored sentencing guidelines range must be affirmed. MCL 769.34(10). MCL 769.34(2)(b) provides that a "court shall not impose a minimum sentence, including a departure, that exceeds 2/3 of the statutory maximum sentence." (Emphasis added.) Since the statutory maximums for the offenses for which the defendant was convicted are "life or any term of years," the circuit court did not impose sentences that violated MCL 769.34(2)(b). Therefore, the sentences imposed by the circuit court are reinstated. In all other respects, the application for leave to appeal is denied. Court of Appeals No. 240584.
CAVANAGH and KELLY, JJ. We would grant leave to appeal.