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PEOPLE v. DROHAN

Docket No. 127489. COA No. 1.

715 N.W.2d 778 (2006)

475 Mich. 140

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Joseph Eric DROHAN, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 13, 2006.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Thomas R. Grden, Assistant Prosecuting Attorney, for the people.

Michael J. McCarthy, P.C. (by Michael J. McCarthy), Redford, for the defendant.

Miller, Canfield, Paddock and Stone, P.L.C. (by Hideaki Sano), and Kimberly Thomas, Ann Arbor, Ann Arbor, for Criminal Defense Attorneys of Michigan.

Stuart J. Dunnings, III, Kym L. Worthy, and Timothy A. Baughman, Detroit, for Prosecuting Attorneys Association of Michigan.

MARKMAN, J.

We granted leave to appeal to consider whether Michigan's indeterminate sentencing scheme, which allows a trial court to set a defendant's minimum sentence on the basis of factors determined by a preponderance of the evidence, violates the Sixth Amendment of the United States Constitution. Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.520d(1)(b), and one count of fourth-degree criminal sexual...

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