People v. Crawford, Docket No. 73159

• Decision Date: 16 August 1985
• Docket Number: Docket No. 73159
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Frank CRAWFORD, Jr., Defendant-Appellant. 144 Mich.App. 86, 372 N.W.2d 688
• Court: Court of Appeal of Michigan — District of US

Page 688

372 N.W.2d 688

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Frank CRAWFORD, Jr., Defendant-Appellant.

Docket No. 73159.

144 Mich.App. 86, 372 N.W.2d 688

Court of Appeals of Michigan.

Submitted Jan. 18, 1985.

Decided July 2, 1985.

Released for Publication Sept. 9, 1985.

Rehearing Denied Aug. 16, 1985.

[144 MICHAPP 87] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., William F. Lavoy, Pros. Atty., and Lawrence J. VanWasshenova, Asst. Pros. Atty., for the people.

James H. Davies, Monroe, for defendant on appeal.

Before CYNAR, P.J., and BEASLEY and ROBINSON, ^* JJ.

PER CURIAM.

Defendant was found guilty by a jury of first-degree criminal sexual conduct, M.C.L. Sec. 750.520b(1)(f); M.S.A. Sec. 28.788(2)(1)(f), and assault with intent to commit murder, M.C.L. Sec. 750.83; M.S.A. Sec. 28.278. The Monroe County Circuit Court sentenced defendant to concurrent sentences of from 80 to 120 years for the two convictions. Defendant now appeals his sentences as of right, arguing that the sentences vastly exceeded the sentencing guidelines recommendations and should shock the judicial conscience.

This Court reviews a defendant's sentence to determine whether the trial court, in imposing the sentence, abused its discretion to the extent that it shocks the conscience of the appellate court. People v. Coles, 417 Mich. 523, 550, 339 N.W.2d 440 [144 MICHAPP 88] (1983). The trial court is required by Coles to state on the record the criteria it considered in imposing a sentence. Criteria to be considered in determining an appropriate sentence include: (1) the disciplining of the wrongdoer, (2) the protection of society, (3) the potential for reformation of the offender, and (4) the deterring of others from committing like offenses. Id. The sentence should be tailored to the particular circumstances of the case and of the offender in an effort to balance both society's needs for protection and its interest in maximizing the offender's rehabilitative potential. People v. McFarlin, 389 Mich. 557, 574, 208 N.W.2d 504 (1973). It is error for the trial court to limit its discretion to consider only protection of the community because of the policy for individualized sentencing. People v. Chapa, 407 Mich. 309, 284 N.W.2d 340 (1979).

In the present case, the trial court imposed a prison sentence of 80 to 120 years for each conviction for "your own punishment, and for the protection of society, and incidentally, for whatever rehabilitative effect it may have upon you".

The trial court listed several reasons for these harsh sentences. After stating that defendant's only prior conviction was a misdemeanor assault, the trial court first noted the violence of defendant's crime: defendant raped the victim, then stabbed her 25 times, once in the eye, and left her for dead in a secluded area. The trial court then noted aspects of defendant's character: that defendant customarily carried a large knife and, had he been carrying it at the time of the assault, the victim would be dead; that defendant was trained to kill while in the military service and was boastful of his strength; and that defendant had a bad temper. Finally, the trial court noted the injuries [144 MICHAPP 89] to the victim: that she lost an eye and suffered serious emotional trauma.

Thus, the trial court adequately stated its reasons for the harsh punishment it gave. Although the sentences are 8 to 13 times that suggested by the sentencing guidelines, that alone does not make the sentences shocking, contrary to defendant's assertion. The guidelines were not mandatory at the time of defendant's sentencing and divergence from the guidelines is encouraged where justice so requires. The question is whether his sentences properly balance society's...