Order Michigan Supreme Court
Lansing, Michigan
April 4, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
153340 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153340
COA: 323903
Saginaw CC: 13-038695-FC
REUBEN RAUL MARTINEZ, SR.,
Defendant-Appellant.
_________________________________________/
By order of November 2, 2016, the prosecuting attorney was directed to answer
the application for leave to appeal the January 19, 2016 judgment of the Court of
Appeals. On order of the Court, the answer having been received, the application for
leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we VACATE the sentences of the Saginaw Circuit Court for the
defendant’s second-degree criminal sexual conduct convictions, and we REMAND this
case to the trial court for resentencing on those offenses. The defendant was improperly
sentenced to 20-year maximum terms. The statutory maximum sentence for second-
degree criminal sexual conduct is 15 years. MCL 750.520c(2)(a). The 12-year minimum
sentences imposed on the defendant for the second-degree criminal sexual conduct
convictions exceed two-thirds of the statutory maximum sentence of 15 years. See MCL
769.34(2)(b). On remand, the trial court shall resentence the defendant to valid sentences
for his second-degree criminal sexual conduct convictions.
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.
I, Larry S. Royster, 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.
April 4, 2017
s0327
Clerk