People v. Fisher, Docket No. 111583
Decision Date | 18 May 1989 |
Docket Number | Docket No. 111583 |
Citation | 439 N.W.2d 343,176 Mich.App. 316 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Richard Erick FISHER, Defendant-Appellant (After Remand). |
Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., G. Michael Hocking, Pros. Atty., and William M. Worden, Asst. Pros. Atty., for the People.
Donald L. Correll, Lansing, for defendant-appellant on appeal.
Before MICHAEL J. KELLY, P.J., and DOCTOROFF and CYNAR, JJ.
This case was previously remanded for a resentencing. People v. Fisher, 166 Mich.App. 699, 715, 420 N.W.2d 858 (1988). At the original sentencing, the circuit court sentenced defendant to forty to sixty years in prison, far beyond sentencing guidelines which recommended a minimum sentence range of seven to sixteen years. We remanded the case for resentencing to require the sentencing judge to state on the record his specific explanations for this considerable departure. On remand, the circuit judge again sentenced defendant to forty to sixty years in prison. Defendant has moved this Court for peremptory reversal of his sentence. He also asks that we remand this case for resentencing before a different judge. We hereby grant defendant's motion. We set aside his sentence and again remand defendant's case for resentencing, this time before a different circuit judge.
On remand, the sentencing judge merely reread part of the original sentencing transcript and "reaffirmed" defendant's original sentence of forty to sixty years. Our review of the transcript indicates that the sentencing court adopted the prosecutor's recommended sentence of forty to sixty years. The court recited the following justification for the severe sentence:
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People v. Fisher
...given for the sentence to be "totally inappropriate" and ordered that the defendant be resentenced by a different judge. 176 Mich.App. 316, 318, 439 N.W.2d 343 (1989). Upon return to the circuit court for further proceedings, the matter was assigned to visiting Judge Patrick McCauley, who s......
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People v. Fisher
..."some degree of assurance that the defendant would not do a like act under like circumstances." See People v. Fisher (After Remand), 176 Mich.App. 316, 318, 439 N.W.2d 343 (1989). Subsequently, we granted defendant's motion for peremptory reversal. Upon review, we found that the sentencing ......
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People v. Sherburne
...of violence" is impermissible. People v Fisher, 176 Mich.App. 316, 317-318; 439 N.W.2d 343 (1989). While we are not precedentially bound by Fisher, we still find this proposition persuasive for two reasons. Just as with determining how long a victim would need to overcome trauma, determinin......