Order Michigan Supreme Court
Lansing, Michigan
June 23, 2009 Marilyn Kelly,
Chief Justice
138296 Michael F. Cavanagh
Elizabeth A. Weaver
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman
Diane M. Hathaway,
v SC: 138296 Justices
COA: 288897
Genesee CC: 07-020153-FC
CECIL RAY THORNTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the December 30, 2008
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 Genesee Circuit Court and
REMAND this case to that court for resentencing. On remand, the trial court shall
sentence the defendant within the appropriate sentencing guidelines range, or articulate
on the record why this particular degree of departure is warranted, in accordance with
People v Smith, 482 Mich 292, 318 (2008).
We do not retain jurisdiction.
CORRIGAN, J. (concurring in result).
Although I dissented in People v Smith, 482 Mich 292 (2008), I concur in the
Court’s decision to remand for resentencing. I conclude that resentencing is called for in
this case for the fundamental reason that, in imposing a sentence that departs from the
sentencing guidelines, the sentencing judge did not articulate her reasons with enough
specificity “to allow for effective appellate review.” People v Babcock, 469 Mich 247,
259 n 13 (2003) (“[H]owever it is articulated, the quality of the trial court’s statement
must be sufficient to allow for effective appellate review.”). For example, the sentencing
judge observed that defendant lied to the court. His perjury may well constitute a
substantial and compelling reason to depart. But because the judge did not describe the
nature of the perjury or its effects on the underlying proceedings, we are unable to
meaningfully evaluate whether her reasons were sufficient to support a departure.
I, Corbin R. Davis, 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.
June 23, 2009 _________________________________________
p0616 Clerk