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PEOPLE v. WILCOX

Docket No. 136956.

781 N.W.2d 784 (2010)

486 Mich. 60

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry Eugene WILCOX, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 11, 2010.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, John L. McDonough, Prosecuting Attorney, and Mark G. Sands, Assistant Attorney General, for the people.

State Appellate Defender (by Christopher M. Smith) for defendant.

Opinion

MARILYN J. KELLY, C.J.

At issue in this case is whether the legislative sentencing guidelines1 apply to defendant's 10-year minimum sentence imposed under MCL 750.520f, the repeat criminal sexual conduct (CSC) offender statute. In deciding the issue, we must also determine what constitutes the "mandatory minimum" sentence referred to in MCL 750.520f(1), which requires a minimum sentence of "at least 5 years."

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