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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.

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