Order Michigan Supreme Court
Lansing, Michigan
May 24, 2006 Clifford W. Taylor,
Chief Justice
130097 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 130097
COA: 261967
Wayne CC: 00-006096
JEREMEY HURLEY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 20, 2005
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE defendant’s sentence and REMAND this case to
the Wayne Circuit Court for resentencing. Defendant has demonstrated both good cause
and actual prejudice, entitling him to relief under MCR 6.508(D). The sentence imposed
was invalid. MCR 6.508(D)(3)(b)(iv). The sentencing guidelines placed defendant in an
intermediate cell that required the imposition of a jail term, unless there was a substantial
and compelling reason for a departure. MCL 769.34(4)(a). No substantial and
compelling reason was offered to permit the imposition of a prison sentence. On remand,
the circuit court shall sentence defendant within the appropriate sentencing guidelines
range, or articulate on the record a substantial and compelling reason for departing from
the sentencing guidelines range in accordance with People v Babcock, 469 Mich 247
(2003).
We do not retain jurisdiction.
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.
May 24, 2006 _________________________________________
s0517 Clerk