Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v GERALD LEE BABCOCK, Defendant-Appellee.

FOR PUBLICATION December 26, 2000 9:10 a.m. No. 223624 Jackson Circuit Court LC No. 99-095646-FH Updated Copy February 16, 2001

Before: Talbot, P.J., and Hood and Gage, JJ. TALBOT, P.J. Defendant was charged with one count of first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), involving his twelve-year-old "cousin." In exchange for defendant pleading guilty of two counts of second-degree criminal sexual conduct, MCL 750.520c; MSA 28.788(3), the prosecutor dropped the first-degree criminal sexual conduct charge. Although the legislatively created sentencing guidelines range for the minimum appropriate sentence was thirty-six to seventy-one months, the trial court sentenced defendant to three years' probation, with the first year to be served in jail. All but sixty days of defendant's jail term were suspended. This Court granted the prosecutor's application for leave to appeal. We vacate and remand for resentencing. On appeal, the prosecutor argues that the trial court's reasons for departing from the minimum statutory guidelines range were not substantial and compelling. Defendant, on the other hand, contends that his sentence was proportionate. The issues raised by the parties require

-1-

us to review the recent sentencing guidelines legislation and the manner in which the statute affects the scope of appellate review. By its very nature, sentencing is the community's response to crime. As such, the ultimate authority to provide for sentencing is constitutionally vested in the Legislature, Const 1963, art 4,

Download PEOPLE OF MI V GERALD LEE BABCOCK.pdf

Michigan Law