PEOPLE v. HENDRICK

Docket No. 126371. Calendar No. 4.

697 N.W.2d 511 (2005)

472 Mich. 555

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Darin HENDRICK, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 14, 2005.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym

L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Carolyn M. Breen, Assistant Prosecuting Attorney, Detroit, MI, for the people.

State Appellate Defender (by Marla R. McCowan and Brandy Y. Johnson), Detroit, MI, for the defendant.


OPINION

CORRIGAN, J.

In this case, we consider whether the legislative sentencing guidelines apply to sentences imposed after a probation violation and whether a defendant's conduct while on probation can be considered as a substantial and compelling reason for departure from the legislative sentencing guidelines.

The legislative sentencing guidelines apply to certain enumerated felonies committed on or after January 1, 1999. M.C.L. § 777.1...

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