People v. Carter

Kelly, C.J.

(dissenting). I dissent from the order denying defendant’s application for leave to appeal. I believe that the trial court sufficiently justified its downward departure from the sentencing guidelines range with objective and verifiable facts. Specifically, the trial court noted that defendant’s age, employment, and educational development since her offenses warranted a downward departure. None of these factors is considered in the sentencing guidelines. Therefore, I cannot conclude that the trial court abused its discretion.

I would grant defendant’s application for leave to appeal.

Weaver and Hathaway, JJ. We join the statement of Chief Justice Kelly.