PEOPLE v. CONAT

Docket Nos. 218204, 219259, 219958 and 219258.

605 N.W.2d 49 (1999)

238 Mich. App. 134

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael CONAT, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Sarah Plumb, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Derek F. Schroeder, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellant, v. Stephen Raines, a/k/a Stephen Rains, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 19, 1999, at 9:00 a.m.

Released for Publication January 25, 2000.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, and Marilyn J. Day, Assistant Prosecuting Attorney, for the People in Docket Nos. 218204, 219258, and 219259.

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, for the People in Docket No. 219958.

Peralta, Johnston & Karam (by Dennis A. Johnston), for Michael Conat. St. Clair Shores.

Robyn B. Frankel, for Sarah Plumb. Bloomfield Hills.

State Appellate Defender (by Jennifer A. Pilette and Debra Gutierrez-McGuire), for Derek Schroeder. Detroit.

Culpepper, Kinney (by Robert F. Kinney and Ronnie E. Cromer, Jr.), for Stephen Raines. Detroit.

Elwood Brown, President, John D. O'Hair, Prosecuting Attorney, County of Wayne, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Jeffrey Caminsky, Assistant Prosecuting Attorney, amicus curiae, for the Prosecuting Attorneys Association of Michigan. Detroit.

Daniel M. McGuire, Michael J. Steinberg, and Kary L. Moss, amicus curiae, for American Civil Liberties Union Fund of Michigan and Criminal Defense Attorneys of Michigan. Detroit.

Before: HOEKSTRA, P.J., and O'CONNELL and R.J. DANHOF, JJ.


O'CONNELL, J.

In these consolidated appeals, the prosecutors appeal from four lower court orders declaring that M.C.L. § 769.1; MSA 28.1072 (hereinafter § 1), as amended by 1996 PA 247, is unconstitutional. The amended statute requires the circuit court to sentence certain juvenile offenders as adults. We hold that the statute is constitutional, and we accordingly reverse the orders of the trial courts and remand...

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