PEOPLE v. SMITH

Docket No. 134682.

754 N.W.2d 284 (2008)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Gary Thomas SMITH, Defendant-Appellant.

Supreme Court of Michigan.

July 31, 2008.


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 Ana I. Quiroz, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jacqueline J. McCann) for the defendant.


Opinion

MARILYN J. KELLY, J.

At issue in this case is whether the trial judge fulfilled his obligation to articulate a substantial and compelling rationale for the sentences that he imposed. For each conviction, defendant's minimum sentence was an extreme upward departure from the range set by the sentencing guidelines. We conclude that the judge articulated adequate reasons to support a departure, but failed to justify the extent of this departure...

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