Sentencing; Departure; Reasonableness & proportionality; People v Lampe; People v Walden; Cruel & unusual punishment; People v Benton

The court held that because defendant’s sentence was proportional, and because the trial court was justified in using the prior friendship between defendant and the victim as the reason for departure, there was no abuse of discretion and resentencing was not warranted. It also held that his 30-year minimum sentence did not constitute cruel or unusual punishment. He was convicted of AWIM and receiving and concealing stolen property less than $20,000. The trial court sentenced him to 30 to 60 years for the AWIM conviction, an upward departure from the guidelines range of 171 to 285 months. After a long procedural history, the trial court ultimately denied his motion for resentencing. On appeal, the court rejected his argument that the sentence was not proportional or reasonable. “[I]n addition to the 130-point OV score, the trial court properly identified defendant’s ruthlessness and lack of conscience exhibited by his decision to befriend [the victim], gain his trust, and then betray him by hitting him, stealing from him, and ultimately attempting to kill him.” The trial court provided “sufficient reasoning to render the departure sentence proportional to the crime and the offender.” The court also rejected his claim that the upward departure and the resulting 30-year minimum sentence violated the constitutional prohibitions against cruel and unusual punishment. “The shocking nature of the offense” had been noted by the trial court and the court. “The record indicates defendant befriended [the victim] and then stole from him, struck him on the head with a wrench, and slit his throat while he was unconscious.” Defendant offered no evidence that his AWIM sentence was “disproportionate compared to similar assaultive crimes in Michigan or other states.” Indeed, he did not “compare his sentence to other similar cases at all; he only” argued it was unconstitutional because it was disproportionate. Affirmed.