Order Michigan Supreme Court
Lansing, Michigan
May 1, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
150711 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 150711
COA: 322385
Kent CC: 13-011947-FH
MIGUEL ALEJANDRO
MARTINEZ-VASCONCEL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 2, 2014
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Kent Circuit Court, and we
REMAND this case to the trial court for resentencing. The plea agreement provided for a
sentence within a sentencing guidelines range of 0 to 18 months. Thus, the trial court
was required to impose an intermediate sanction as defined by MCL 769.31(b), which
may not exceed a jail term of 12 months unless the trial court states on the record a
substantial and compelling reason to sentence the defendant to the jurisdiction of the
Department of Corrections. MCL 769.34(4)(a). Here, the trial court sentenced the
defendant to a term of imprisonment without any acknowledgment on the record that this
was a departure from the plea and sentence agreement. On remand, the trial court shall
sentence the defendant to an intermediate sanction, or provide the defendant an
opportunity to withdraw the plea. See People v Muttscheler, 481 Mich 372 (2008); MCR
6.302(C)(3); MCR 6.310(B)(2).
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 1, 2015
s0428
Clerk