People v. Oliver

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).