People v. Peoples
| Decision Date | 28 June 1991 |
| Docket Number | No. 91176,No. 127373,91176,127373 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Leonard PEOPLES, Defendant-Appellee. COA437 Mich. 1033, 471 N.W.2d 84 |
| Court | Michigan Supreme Court |
On order of the Court, the delayed application for leave to appeal is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
BOYLE, J., states as follows:
I would either vacate the judgment of the Court of Appeals and reinstate defendant's sentence or remand to the Court of Appeals for an application of its understanding of People v. Milbourn, 435 Mich. 630, 461 N.W.2d 1 (1990).
I cannot agree that the Milbourn Court intended the Court of Appeals to vacate defendant's sentence and remand to the trial court without first determining that the sentence was valid, People v. Whalen, 412 Mich. 166, 169-170, 312 N.W.2d 638 (1981). This defendant was convicted of armed robbery. He forced his way into the victim's car at knifepoint, and holding a hunting knife to her throat, robbed the victim of cash and jewelry. During the robbery, defendant terrorized the victim by threatening to cut off her finger when she had difficulty removing a ring, running his knife through her clothing to search for jewelry in her bra and skirt, and threatening to kill her if she reported the crime. The thirty-year sentence imposed does not appear disproportionate to the offense or the offender.
RILEY, J., would grant leave to appeal.
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