Sentencing; People v. Lockridge; Proportionality; People v. Steanhouse; People v. Odom; People v. Dixon-Bey; Carrying a concealed weapon (CCW)

After remand for resentencing on defendant’s plea-based convictions, the court held that because the record contained support for the finding that he in fact sold the guns, and because the trial court adequately justified the departure, the upward departure was supported by the record. He was convicted of breaking and entering with intent to commit a felony, larceny by stealing a firearm, and CCW. On remand, he was sentenced to 5 to 10 years for the breaking and entering convictions, and 18 months to 5 years for each conviction of larceny and CCW, with 885 days credit for time served. In imposing these sentences, the trial court again exceeded the applicable guidelines range for the breaking and entering convictions. However, it explained that the “sentence was more proportionate to the offense and the offender in this case given the increased risk to the community presented by defendant’s sale of the guns to purchasers who then used the guns in connection with further criminal activity.” The record after remand contained support for this finding. Affirmed.