IN RE McBRAYER

No. 164311.

999 N.W.2d 410 (2023)

511 Mich. 403

IN RE Parole of Richard Allen MCBRAYER. Macomb County Prosecutor, Appellee, v. Richard Allen McBrayer, Appellant, and Parole Board, Intervenor.

Supreme Court of Michigan.

Decided July 24, 2023.


Attorney(s) appearing for the Case

Peter J. Lucido , Prosecuting Attorney, Joshua Abbott , Chief of Appeals, and Todd Schmitz , Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Jacqueline C. Ouvry and Maya Menlo ) for Richard Allen McBrayer.

H. Steven Langschwager , Assistant Attorney General, for the Michigan Parole Board.

LaRene & Kriger, PLC (by Allison L. Kriger, Detroit) and Kathrina Szymborski, Benjamin Gunning, and Meghan Palmer for Roderick & Solenge MacArthur Justice Center, American Probation and Parole Association, and Executives Transforming Probation and Parole, Amici Curiae.

Friedman Legal Solutions, PLLC (by Stuart G. Friedman) for the Prison & Corrections Section of the State Bar of Michigan, amicus curiae.

BEFORE THE ENTIRE BENCH (except Viviano, J.).


OPINION

In 1994, Richard A. McBrayer pleaded guilty to two counts of first-degree criminal sexual conduct (CSC-I)1 and was sentenced to concurrent prison terms of 20 to 40 years. The minimum sentences represented the very top of the then-controlling judicial sentencing guidelines range, which was...

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