People v. Richardson, Docket No. 94446
Decision Date | 01 October 1987 |
Docket Number | Docket No. 94446 |
Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Ronnie RICHARDSON, Defendant-Appellant. 162 Mich.App. 15, 412 N.W.2d 227 |
Court | Court of Appeal of Michigan — District of US |
[162 MICHAPP 16] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., John D. O'Hair, Pros. Atty., and Timothy A. Baughman, Chief of the Criminal Div. Research, Training and Appeals, for the People.
Elizabeth L. Jacobs, Detroit, for defendant-appellant.
Before J.H. GILLIS, P.J., and BEASLEY and SAWYER, JJ.
Defendant, Ronnie Richardson, pled guilty to armed robbery, contrary to M.C.L. Sec. 750.529; M.S.A. Sec. 28.797. Defendant was sentenced to serve not less than nine nor more than twenty years in prison. He now appeals as of right, raising two issues.
Defendant claims that the trial court abused its discretion in sentencing him in three ways: first, that the sentence contravened the individualized sentencing policy of the state; second, that defendant was sentenced on the basis of inaccurate guidelines; and third, that his sentence was of a severity that should shock the judicial conscience. These claims are without merit.
The claim that the sentence was not individualized and the claim that the sentence was based upon an inaccurate scoring of the guidelines fall within the same category, that is: an attack upon the scoring and application of the guidelines. On appeal, we first look to the standard of appellate review to be applied with respect to the guidelines. In People v. Clark, 1 we pointed out that the standard for review was carefully set forth in the recommendations of the committee and expressly provided for "a very limited review" of sentences in the Court of Appeals. The Sentence Review [162 MICHAPP 17] Committee specifically dealt with this subject, saying:
2
Thus, it is altogether clear that we should not substitute our judgment for that of the trial judge in determining the appropriateness of reasons given for deviation from the guidelines. 3 As we continue along the path of appellate review of sentences it is important that we not depart from the commendable objectives that gave rise to appellate review of sentences and stray into a bureaucratic morass that reduces the flesh and blood aspect of a prison sentence into a kind of paper shuffling.
In the within case, the trial judge made clear the way that he computed the guideline factors and his reasons for the procedure that he followed. Review of that procedure does not lead to any shocking of the judicial conscience, and, after all, the essential test of whether the judicial conscience is shocked remains. Furthermore, in this case, defendant did not file in the trial court a motion subsequent to sentencing to test his claim that the...
To continue reading
Request your trial-
People v. Daniels
...475 N.W.2d 861 (1991). With respect to the merits, appellate review of guidelines calculations is very limited. People v. Richardson, 162 Mich.App. 15, 16, 412 N.W.2d 227 (1987). A sentencing judge has discretion in determining the number of points to be scored provided there is evidence on......
-
People v. Milton
...any alleged vulnerability. We disagree. Appellate review of sentencing guidelines calculations is very limited. People v. Richardson, 162 Mich.App. 15, 16, 412 N.W.2d 227 (1987). A sentencing judge has discretion in determining the number of points to be scored, provided there is evidence o......
-
People v. Harris
...Mich.App. 622, 625, 390 N.W.2d 740 (1986). Our review of sentencing guidelines calculations is very limited. People v. Richardson, 162 Mich.App. 15, 16, 412 N.W.2d 227 (1987). A sentencing judge has discretion in determining the number of points to be scored, provided that there is evidence......
-
People v. Reddish, Docket Nos. 104580
...(OVs) on his Sentencing Information Report. Appellate review of guidelines calculations is very limited. People v. Richardson, 162 Mich.App. 15, 16, 412 N.W.2d 227 (1987). A sentencing judge has discretion in determining the number of points to be scored provided that evidence exists adequa......