Sentencing; The statutory maximum sentence for CSC II; MCL 750.520c(2)(a); The two-thirds rule; MCL 769.34(2)(b)
In an order in lieu of granting leave to appeal the Court of Appeals judgment (see e-Journal # 61774 in the 2/10/16 edition), the court vacated the sentences imposed on the defendant by the trial court for his CSC II convictions and remanded for resentencing on those crimes. The court held that he was “improperly sentenced to 20-year maximum terms.” The statutory maximum sentence for CSC II is 15 years. The 12-year minimum sentences imposed on defendant for his CSC II convictions “exceed two-thirds of the statutory maximum sentence of 15 years.” The court directed that on remand, the trial court shall resentence him to valid sentences for his CSC II convictions. It denied leave to appeal in all other respects because it was not persuaded that it should review the remaining questions presented.
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