PEOPLE v. BECK

Docket No. 152934.

939 N.W.2d 213 (2019)

504 Mich. 605

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Eric Lamontee BECK, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 29, 2019.


Attorney(s) appearing for the Case

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, John A. McColgan, Jr. , Prosecuting Attorney, and Joseph M. Albosta , Chief Appellate Attorney, for the people.

Matthew E. Gronda , Saginaw, and Outside Legal Counsel, PLC, Hemlock (by Philip L. Ellison) for defendant.

Melissa A. Powell , Kym L. Worthy , Detroit, Jason W. Williams , and Timothy A. Baughman , Detroit, for Amicus Curiae the Prosecuting Attorneys Association of Michigan.

Jacqueline J. McCann and Adrienne N. Young , for Amicus Curiae the Criminal Defense Attorneys of Michigan.

BEFORE THE ENTIRE BENCH.


OPINION

In this case, we consider whether a sentencing judge can sentence a defendant for a crime of which the defendant was acquitted.

That the question seems odd foreshadows its answer. But to explain the question first: Once a jury acquits a defendant of a given crime, may the judge, notwithstanding that acquittal...

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