Order Michigan Supreme Court
Lansing, Michigan
January 23, 2009 Marilyn Kelly,
Chief Justice
137393 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 137393
COA: 286369
Genesee CC: 07-020162-FH
ASHLEY ELIZABETH OLIVER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 19, 2008
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REVERSE the judgment of the Court of Appeals, VACATE
the sentence of the Genesee Circuit Court, and REMAND this case to the trial court for
resentencing. The trial judge failed to offer any valid explanation justifying why he
chose to sentence the defendant to 63 months above the sentencing guidelines maximum
of 57 months. People v Smith, 482 Mich 292 (2008). On remand, the trial court shall
articulate on the record why this level of departure is warranted or resentence the
defendant either within the appropriate sentencing guidelines range or articulate on the
record why a different level of departure is warranted.
WEAVER, J. (dissenting).
I dissent from the order remanding this case to the trial court. Applying the
analysis of my partial dissent and partial concurrence in People v Babcock, 469 Mich
247, 280-284 (2003), I would affirm the trial court’s decision. The trial court satisfied
the requirement for “a substantial and compelling reason” for its departure from the
sentencing guidelines, and its decision did not venture beyond the range of principled
outcomes under the circumstances. See also my dissent in People v Smith, 482 Mich 292,
325-329 (2008).
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.
January 23, 2009 _________________________________________
0120 Clerk