[DOWNLOAD] "People v. Drohan" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: People v. Drohan
- Author : Supreme Court of Montana
- Release Date : January 13, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
We granted leave to appeal to consider whether Michigans indeterminate sentencing scheme, which allows a trial court to set a defendants minimum sentence on the basis of factors determined by a preponderance of the evidence, violates the Sixth Amendment of the United States Constitution. Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.520d(1)(b), and one count of fourth-degree criminal sexual conduct, MCL 750.520e(1)(b). Defendant also pleaded guilty to a charge of being a third-offense habitual offender, MCL 769.11. The trial court sentenced defendant to a term of 127 to 360 months of incarceration on the third-degree criminal sexual conduct conviction. This range was calculated by the trial courts assignment of points to defendants "offense variable" and "prior record variable" scores under a "preponderance of the evidence" standard. Defendant appealed his sentence, asserting that it was imposed contrary to the United States Supreme Courts decision in Blakely v Washington, 542 US 296; 124 S Ct 2531; 159 L Ed 2d 403 (2004), because the sentence was based on facts that were not determined by the jury beyond a reasonable doubt. The Court of Appeals affirmed the conviction, relying on this Courts decision in People v Claypool, 470 Mich 715, 730 n 14; 684 NW2d 278 (2004). Because we conclude that Michigans sentencing scheme does not offend the Sixth Amendment, we affirm defendants sentence.