Order Michigan Supreme Court
Lansing, Michigan
June 27, 2008 Clifford W. Taylor,
Chief Justice
135940 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Plaintiff-Appellee, Robert P. Young, Jr.
v SC: 135940 Stephen J. Markman,
Justices
COA: 272425
Macomb CC: 2005-001604-FC
CHARLIE LEE FLOYD,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the January 15, 2008
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals, we VACATE the sentence of the Macomb Circuit Court, and we REMAND this
case to the trial court for resentencing. The 62-year minimum sentences imposed for
first-degree criminal sexual conduct, second-degree criminal sexual conduct, breaking
and entering a building with intent to commit larceny, first-degree home invasion, assault
with intent to do great bodily harm, and kidnapping exceed two-thirds of the 80-year
maximum sentences imposed, in violation of MCL 769.34(2)(b) and People v Tanner,
387 Mich 683 (1972). On remand, the trial court shall resentence the defendant on these
counts in accordance with People v Thomas, 447 Mich 390 (1994), which provides that
the proper remedy for a Tanner violation is a reduction in the minimum sentence. The
trial court shall also resentence the defendant as ordered by the Court of Appeals. In all
other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
MARKMAN, J., concurs and states as follows:
Although I continue to believe that defendant, in asserting that all of his offenses
must be scored under the sentencing guidelines, not simply the most serious one, raises
an issue that deserves consideration by this Court, see People v Getscher, 478 Mich 887,
888 (Markman, J., dissenting), it is apparent that the majority of this Court believes
otherwise. Thus, I concur in its decision to remand only on the violation of MCL
769.34(2)(b) and People v Tanner, 387 Mich 683 (1972).
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 27, 2008 _________________________________________
t0624 Clerk