Skip to main content

One Court of Justice Blog

July 22, 2016

Only facts “admitted by the defendant” in court survive scrutiny under Lockridge

In another follow-up to People v. Lockridge, the Michigan Court of Appeals held that only facts admitted by the defendant to the court in a plea, in testimony, by stipulation, or in some other similar situation, or facts found by a jury, may be used to increase a defendant’s sentence.  In People v. Garnes, No. 324035, the trial court relied on facts defendant admitted to a police officer, but not admitted by the defendant in court, to impose a mandatory minimum sentence.  The Court of Appeals reversed the decision and remanded for resentencing, because the defendant’s statements, although admitted through the testimony of the police officer in court, were not “admitted by the defendant” to satisfy the requirements of Lockridge.  Judge Sawyer wrote separately, concurring only in the result of the Court of Appeal’s opinion.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset