DocketNumber： 159791
Filed Date： 3/25/2020
Status： Precedential
Modified Date： 3/27/2020
Order Michigan Supreme Court Lansing, Michigan March 25, 2020 Bridget M. McCormack, Chief Justice 159791 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 159791 COA: 348186 Allegan CC: 17-021004-FC MICHAEL EDWARD REESE, Defendant-Appellant. _________________________________________/ By order of December 30, 2019, the prosecuting attorney was directed to answer the application for leave to appeal the May 1, 2019 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Allegan Circuit Court for correction of the judgment of sentence. The prosecuting attorney has conceded that the defendant’s 200-month minimum sentence violates the two-thirds rule of People v Tanner,387 Mich. 683
, 690 (1972), and MCL 769.34(2)(b). Under that rule, because the statutory maximum for third-degree criminal sexual conduct, see MCL 750.520d(2), as elevated by the habitual offender statute, MCL 769.10(1)(a), is 270 months, the longest minimum sentence that the defendant could receive is 180 months, or 15 years. The judgment of sentence is to be amended accordingly. We further ORDER the trial court to ensure that the corrected judgment of sentence is transmitted to the Department of Corrections. In all other respects, leave to appeal is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. We do not retain jurisdiction. I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 25, 2020 t0324 Clerk