People v. Buehler, Docket No. 131943.
| Court | Supreme Court of Michigan |
| Writing for the Court | Per Curiam |
| Citation | 477 Mich. 18,727 N.W.2d 127 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Nicholas James BUEHLER, Defendant-Appellee. |
| Docket Number | Docket No. 131943. |
| Decision Date | 06 February 2007 |
v.
Nicholas James BUEHLER, Defendant-Appellee.
[727 N.W.2d 128]
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Ronald J. Frantz, Prosecuting Attorney, and Gregory J. Babbitt, Assistant Prosecuting Attorney, Grand Haven, for the people.
PER CURIAM.
This case concerns when a trial court may impose a sentence of probation where the properly scored sentencing guidelines compel a term of imprisonment. Under the Michigan Sentencing Guidelines, the minimum sentence must be within the appropriate sentence range unless the court states substantial and compelling reasons to depart.1 In this case, the trial court sentenced defendant to probation, when the appropriate minimum sentence range was scored at 42 to 70 months. The Court of Appeals held that probation was a valid alternative to the prison sentence called for by the guidelines. We disagree. Because defendant's probationary sentence is not within the appropriate sentence range and the trial court failed to articulate substantial and compelling reasons for the downward departure, we reverse the judgment of the Court of Appeals and remand the case to the trial court to state substantial and compelling reasons on the record for
the departure or to sentence defendant within the appropriate sentence range.
The prosecutor charged defendant with resisting and obstructing a police officer,2 indecent exposure,3 and being a sexually delinquent person.4 Pursuant to a plea agreement, defendant pleaded nolo contendere to the indecent exposure charge and guilty to the sexually delinquent person charge in exchange for the dismissal of the remaining charge. Defendant did not challenge the guidelines scoring that produced a sentence range of 42 to 70 months. The trial court stated its intention to downwardly depart from the guidelines and impose a sentence of 36 months' probation. In support of the probationary sentence, the trial court noted defendant's problem with alcohol and his ability to conform his behavior to the law when not inebriated. The prosecutor moved for resentencing, arguing that, under MCL 750.335a,5 the court must sentence defendant to the indeterminate sentence of one day to life. The trial court disagreed, affirming the sentence of probation.
The prosecutor filed an application for leave to appeal in the Court of Appeals. The prosecutor abandoned the argument
that the indeterminate sentence provided in MCL 750.335a was mandatory and argued that defendant's sentence was not proper under the Michigan Sentencing Guidelines because the trial court failed to articulate substantial and compelling reasons for the departure. The Court of Appeals initially vacated the judgment of sentence and ordered resentencing in an unpublished order, entered September 12, 2003 (Docket No. 250160). However, the panel granted defendant's motion for reconsideration, vacated its previous order, and denied the prosecutor's application for leave to appeal in an unpublished order, entered October 23, 2003 (Docket No. 250160). The prosecutor sought leave to appeal, and this Court, in lieu of granting leave to appeal, remanded the matter to the Court of Appeals for consideration as on leave granted.6
On remand, the Court of Appeals held that MCL 750.335a gave courts broad discretion in sentencing defendants convicted of indecent exposure. Further, the Court held that "a term of probation is also a valid alternative to which a trial court may, in its discretion, sentence a defendant convicted of indecent exposure as a sexually delinquent person."7 The panel relied on MCL 767.61a, which provides that a person convicted of indecent exposure may receive "any punishment provided by law for such offense." The Court of Appeals reasoned that because the general probation statute allows a court to place a defendant on probation for any felony or misdemeanor "other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses,"8
probation was a sentence "authorized by law," and thus, proper.
When the prosecutor again sought leave to appeal in this Court, in lieu of granting leave to appeal, we vacated the published Court of Appeals judgment and remanded to that Court a second time to consider (1) whether the trial court articulated substantial and compelling reasons for a departure from the appropriate sentence range and (2) whether the legislative sentencing guidelines or the indeterminate sentence prescribed by MCL 750.335a controlled the sentence that may be imposed.9 On second remand, the Court of Appeals again affirmed defendant's sentence.10 The Court held that the trial court did not articulate substantial and compelling reasons to depart from the appropriate guidelines range and that the more recently enacted guidelines control, as opposed to the indeterminate sentence provided for in MCL 750.335a, when a court decides to impose a sentence of imprisonment. Nonetheless, the panel affirmed defendant's sentence, reaffirming the portion of its previous opinion that held that probationary sentences are a valid "alternative" sentence. The prosecutor has again filed an application for leave to appeal in this Court. In lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals for the reasons stated below.
This Court reviews questions of statutory interpretation de novo.11 This
Court reviews a trial court's
decision to depart from the guidelines for an abuse of discretion.12
Under the Michigan Sentencing Guidelines,13 "the minimum sentence imposed by a court of this state for a felony enumerated in part 2 of chapter XVII committed on or after January 1, 1999 shall be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed."14 Indecent exposure by a sexually delinquent person is "a felony enumerated in part 2 of chapter XVII."15 As noted, defendant did not dispute that the appropriate sentence range was 42 to 70 months' imprisonment. Furthermore, there is no question that defendant's probationary sentence does not fall within that range.16 Under the guidelines, "[a] court may depart from the appropriate sentence range established under the sentencing guidelines set forth in [MCL 777.1 et seq.] if the court has a substantial and compelling reason for that departure and states on the record the reasons for departure."17 We agree with the Court of Appeals that the trial court in this...
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Donkers v. Kovach, Docket No. 270311.
...conflict with one another on a particular issue, the more specific statute must control over the more general statute. People v. Buehler, 477 Mich. 18, 26, 727 N.W.2d 127 (2007). Accordingly, MCL 600.1434, which provides a specific exception to the general rule of MCL 600.1432, must control......
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People v. Bosca, No. 14–CR–208(ADS)(SIL).
...trial court to impose a minimum sentence that falls within the appropriate sentencing guidelines range. MCL 769.34(2) ; People v. Buehler, 477 Mich. 18, 24, 727 N.W.2d 127 (2007). "A court may depart from the appropriate sentence range established under the sentencing guidelines ... if the ......
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People v. Harper, Docket No. 130988.
...Cunningham, supra, 127 S.Ct. at 861-862, quoting Cal. Penal Code 1170(b). 40. Cunningham, supra, 127 S.Ct. at 860. 41. People v. Buehler, 477 Mich. 18, 26-27, 727 N.W.2d 127 42. Id. 43. See also Sears v. Cottrell, 5 Mich. 251, 259 (1858): No rule of construction is better settled in this co......
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People v. Bragg, Docket No. 305140.
...relate to the same subject or that share a common purpose are in para materia [sic] and must be read together as one.” People v. Buehler, 477 Mich. 18, 26, 727 N.W.2d 127 (2007) (quotation marks and citation omitted). If the two statutes appear to conflict, however, a newer statute prevails......
-
Donkers v. Kovach, Docket No. 270311.
...conflict with one another on a particular issue, the more specific statute must control over the more general statute. People v. Buehler, 477 Mich. 18, 26, 727 N.W.2d 127 (2007). Accordingly, MCL 600.1434, which provides a specific exception to the general rule of MCL 600.1432, must control......
-
People v. Bosca, No. 14–CR–208(ADS)(SIL).
...trial court to impose a minimum sentence that falls within the appropriate sentencing guidelines range. MCL 769.34(2) ; People v. Buehler, 477 Mich. 18, 24, 727 N.W.2d 127 (2007). "A court may depart from the appropriate sentence range established under the sentencing guidelines ... if the ......
-
People v. Harper, Docket No. 130988.
...Cunningham, supra, 127 S.Ct. at 861-862, quoting Cal. Penal Code 1170(b). 40. Cunningham, supra, 127 S.Ct. at 860. 41. People v. Buehler, 477 Mich. 18, 26-27, 727 N.W.2d 127 42. Id. 43. See also Sears v. Cottrell, 5 Mich. 251, 259 (1858): No rule of construction is better settled in this co......
-
People v. Bragg, Docket No. 305140.
...relate to the same subject or that share a common purpose are in para materia [sic] and must be read together as one.” People v. Buehler, 477 Mich. 18, 26, 727 N.W.2d 127 (2007) (quotation marks and citation omitted). If the two statutes appear to conflict, however, a newer statute prevails......