Skip to main content
A Better Partnership
April 09, 2014

Trial court must articulate substantial and compelling reasons for sentencing defendant convicted of CSC-1 to minimum prison term higher than 25 years

In People v. Payne, the Michigan Court of Appeals held that applying the reasoning that the Michigan Supreme Court previously articulated in People v. Wilcox, 485 Mich. 60 (2010), MCL 750.520b(2)(b) creates a 25-year mandatory minimum for criminal sexual conduct in the first degree (where the victim is less than 13 years old and the defendant is 17 or older).  Further, the court held that a trial court judge must articulate substantial and compelling reasons for sentencing a defendant convicted of this offense to a mandatory minimum period of incarceration greater than 25 years. 
 
Here, the trial court judge sentenced Payne to a 30-to-50 year prison sentence without articulating substantial and compelling reasons on the record.  Accordingly, Payne’s sentence was vacated and remanded for resentencing consistent with this 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