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PEOPLE v. MUTTSCHELER

Docket Nos. 136101, 136199.

750 N.W.2d 159 (2008)

481 Mich. 372

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Theodore MUTTSCHELER, Defendant-Appellee. People of the State of Michigan, Plaintiff-Appellee, v. Theodore Muttscheler, Defendant-Appellant.

Supreme Court of Michigan.

June 18, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Joseph P. O'Leary, Prosecuting Attorney, and Mark G. Sands, Assistant Attorney General, for the people.

State Appellate Defender (by Anne M. Yantus), for the defendant.

MEMORANDUM OPINION

In this case, we are called on to interpret the intermediate-sanction sentencing statute, MCL 769.34(4)(a), and decide whether a defendant whose recommended minimum sentence range requires the imposition of an intermediate sanction may be sentenced to serve time in prison, rather than jail. The Court of Appeals held that, absent a departure supported by substantial and compelling reasons, a trial court...

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