PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Bernard George HARPER, Jr., Defendant-Appellant.
People of the State of Michigan, Plaintiff-Appellee,
v.
Jesse Gene Burns, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued April 12, 2007.
Decided July 26, 2007.
Attorney(s) appearing for the Case
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David S. Leyton, Prosecuting Attorney, and Donald A. Kuebler, Research, Training, and Appeals Chief, Harper, for the people.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Frederick Anderson, Prosecuting Attorney, and Douglas E. Ketchum, Assistant Prosecuting Attorney, Burns, for the people.
State Appellate Defender (by Michael L. Mittlestat) for Bernard G. Harper, Jr.
State Appellate Defender (by Jeanice Dagher-Margosian) for Jesse G. Burns.
Kimberly Thomas and Miller, Canfield, Paddock and Stone, P.L.C. (by Hideaki Sano), Ann Arbor, Ann Arbor, for amici curiae Criminal Defense Attorneys of Michigan.
Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, and William E. Molner, Assistant Attorney General, for amici curiae the Attorney General and the Prosecuting Attorneys Association of Michigan.
Supreme Court of Michigan.
CORRIGAN, J.
We granted leave to appeal in these two cases to determine whether an "intermediate sanction" described in MCL 769.31(b) and MCL 769.34(4) constitutes a maximum sentence under Blakely v. Washington,542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), for which the facts supporting a departure must be found by a jury beyond a reasonable doubt or admitted by the defendant. We conclude that because Michigan has a...
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