e-Journal Summary

e-Journal Number : 76284
Opinion Date : 09/30/2021
e-Journal Date : 10/18/2021
Court : Michigan Court of Appeals
Case Name : People v. Tello
Practice Area(s) : Criminal Law
Judge(s) : Per Curiam - Beckering, Shapiro, and Swartzle
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Issues:

Sentencing; Reasonableness & proportionality; People v Anderson; People v Jackson; Principle that a minimum sentence must be affirmed unless there was an error in scoring or the trial court relied on inaccurate information; People v Schrauben

Summary

The court held that there were no errors in defendant’s sentencing. He sexually assaulted a young boy he lured into his vehicle. He pled nolo contendere to kidnapping, felonious assault, and three counts of CSC I. The trial court sentenced him to 450 to 900 months for his kidnapping and CSC I convictions, and 24 to 48 months for his felonious-assault conviction. On appeal, the court rejected his argument that his within-guidelines sentences for kidnapping and CSC I were unreasonable and disproportionate. “Defendant’s sentences fall within the applicable guidelines range, and he does not challenge his sentencing guidelines scores on appeal or argue that he was sentenced based on inaccurate information.” Affirmed.

Full PDF Opinion