PEOPLE v. DICKEY

SC: 159808, COA: 348113.

936 N.W.2d 306 (2019)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Toney Govner DICKEY, Defendant-Appellant.

Supreme Court of Michigan.

December 23, 2019.


Attorney(s) appearing for the Case

MONROE COUNTY PROSECUTOR, for PEOPLE OF MI, Plaintiff-Appellee.

SCOTT MARSHALL NEUMAN , for TONEY GOVNER DICKEY, Defendant-Appellant.


Order

On order of the Court, the application for leave to appeal the May 1, 2019 order of the Court of Appeals is considered. We DIRECT the Monroe County Prosecuting Attorney to answer the application for leave to appeal within 28 days of the date of this order. In particular, we direct the prosecutor to respond to the defendant's arguments that the Monroe Circuit Court abused its discretion by: (1) imposing a 10-year minimum sentence—a 109-month upward departure—based on allegedly inaccurate information in the defendant's probation violation report; (2) failing to justify the fact and extent of the departure; and (3) failing to explain why the chosen sentence is proportionate to the offense and offender. The prosecutor shall also respond to the defendant's argument that the Court of Appeals erred in not remanding this case for correction of the probation violation report.

The application for leave to appeal remains pending.


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