Order Michigan Supreme Court
Lansing, Michigan
March 25, 2020 Bridget M. McCormack,
Chief Justice
159791 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 159791
COA: 348186
Allegan CC: 17-021004-FC
MICHAEL EDWARD REESE,
Defendant-Appellant.
_________________________________________/
By order of December 30, 2019, the prosecuting attorney was directed to answer
the application for leave to appeal the May 1, 2019 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we REMAND this case to the Allegan Circuit Court for correction of the judgment of
sentence. The prosecuting attorney has conceded that the defendant’s 200-month
minimum sentence violates the two-thirds rule of People v Tanner, 387 Mich 683, 690
(1972), and MCL 769.34(2)(b). Under that rule, because the statutory maximum for
third-degree criminal sexual conduct, see MCL 750.520d(2), as elevated by the habitual
offender statute, MCL 769.10(1)(a), is 270 months, the longest minimum sentence that
the defendant could receive is 180 months, or 15 years. The judgment of sentence is to
be amended accordingly. We further ORDER the trial court to ensure that the corrected
judgment of sentence is transmitted to the Department of Corrections. In all other
respects, leave to appeal is DENIED, because we are not persuaded that the question
presented should be reviewed by this Court.
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.
March 25, 2020
t0324
Clerk