People v. Fernandez
Decision Date | 29 December 1986 |
Docket Number | Docket No. 76675 |
Citation | 398 N.W.2d 311,427 Mich. 321 |
Parties | The PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Stephen Rafel FERNANDEZ, Defendant-Appellee. 427 Mich. 321, 398 N.W.2d 311 |
Court | Michigan Supreme Court |
John D. O'Hair, Pros. Atty., Timothy A. Baughman, Chief of the Criminal Div., Research, Training and Appeals, Thomas M. Chambers, Asst. Pros. Atty., Detroit, for plaintiff-appellant, cross-appellee.
State Appellate Defender Office, by Susan M. Meinberg (P34433), Asst. Defender, Detroit, for defendant-appellee, cross-appellant.
We granted leave in this case to consider whether M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1) requires a mandatory nonparolable life sentence for persons convicted of conspiracy to commit first-degree murder, and whether conspiracy to commit second-degree murder is a lesser included offense of conspiracy to commit first-degree murder for which instruction should have been given in this case. We hold that a mandatory life sentence is required on conviction of conspiracy to commit first-degree murder, and that on the facts of this case no evidence existed to support a finding of conspiracy to commit second-degree murder. We remand this case to the Court of Appeals for consideration of whether a person sentenced to life imprisonment for conspiracy to commit first-degree murder under M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1) is eligible for parole consideration under M.C.L. Sec. 791.234(4); M.S.A. Sec. 28.2304(4).
The facts leading up to this appeal are ably set out in the opinion below, People v. Fernandez, 143 Mich.App. 388, 390-392, 372 N.W.2d 567 (1985):
Mr. Fernandez was convicted of conspiracy to commit first-degree murder, M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1) and M.C.L. Sec. 750.316; M.S.A. Sec. 28.548, and aiding and abetting an assault with intent to commit murder, M.C.L. Sec. 750.83; M.S.A. Sec. 28.278. The trial judge sentenced him to mandatory life imprisonment for the conspiracy conviction and 120 to 240 months for the assault conviction. The Court of Appeals affirmed, but remanded for resentencing, finding that a life sentence, while within the sentencing discretion of the trial court, was not mandatory.
The Court of Appeals defined the critical issue as follows: "[W]here no murder has been committed, is it mandatory that a defendant convicted of conspiracy to commit murder in the first degree, receive a nonparolable life sentence?" Fernandez, supra, p. 397, 372 N.W.2d 567. The Court answered the question in the negative and remanded for resentencing. The panel's reasoning was based upon an intricate analysis of the conspiracy statute, M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1), the first-degree murder statute, M.C.L. Sec. 750.316; M.S.A. Sec. 28.548, the indeterminate sentence statute, M.C.L. Sec. 769.8; M.S.A. Sec. 28.1080, and the parole statute, M.C.L. Sec. 791.233; M.S.A. Sec. 28.2302.
We believe that the issue posed by the Court of Appeals is actually two issues, each of which requires separate treatment. The first issue is whether the conspiracy statute, M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1), requires a life sentence for conspiracy to commit first-degree murder. We hold that it does. The second issue is whether a person sentenced to life imprisonment for conspiracy to commit first-degree murder under M.C.L. Sec. 750.157a; M.S.A. Sec. 28.354(1) is eligible for parole under the "lifer law," M.C.L. Sec. 791.234(4); M.S.A. Sec. 28.2304(4). We remand that issue to the Court of Appeals for consideration.
The conspiracy statute, M.C.L. Sec. 750.157a; M.S.A. 28.354(1) defines both the crime and the punishment:
The Legislature had a variety of different punishment schemes from which it could choose. The comments to the Model Penal Code describe the types of conspiracy penalty provisions in existence in the early 1960's:
Model Penal Code, Sec. 5.05, commentary at 488-489 (1985 official draft).
The language of the statute makes it clear that a person convicted of conspiracy "shall be punished by a penalty equal to that which could be imposed" upon conviction of the target offense--the crime that was the subject of the conspiracy. The legislative history of Sec. 157a, enacted as 1966 P.A. 296, further illustrates the stringent penalty intended by the Legislature for a conspiracy conviction.
House Bill 3571, the bill which ultimately became 1966 PA 296, was originally adopted by the House with a maximum penalty of twenty years in prison and a discretionary $10,000 fine for conspiracies to commit target offenses punishable by life sentences or any term of years up to and including life. Conspiracy convictions for target offenses punishable by five to twenty years were to be punished the same as the target offense plus a discretionary $10,000 fine. 1 The Senate amended the relevant language to that ultimately adopted:
"[I]f commission of the offense prohibited by law is punishable by imprisonment for 1 year or more, the person convicted under this section shall be punished by a penalty equal to that which could be imposed if he had been convicted of committing the crime he conspired to commit and in the discretion of the court an additional penalty of a fine of $10,000.00 may be...
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