PEOPLE v. BABCOCK

Docket No. 121310, Calendar No. 6.

666 N.W.2d 231 (2003)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Gerald Lee BABCOCK, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 31, 2003.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, John G. McBain, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, Jackson, MI, for the people.

Bruce A. Barton, Jackson, MI, for the defendant-appellee.

Jacqueline J. McCann, Detroit, MI, for the Criminal Defense Attorneys of Michigan.


Opinion

MARKMAN, J.

We granted leave to appeal in this case to consider whether the trial court articulated a substantial and compelling reason, as required under M.C.L. § 769.34(3), to justify its downward departure from the statutory sentencing guidelines. The Court of Appeals concluded that the trial court did not abuse its discretion in departing from the guidelines and, thus, affirmed defendant...

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