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People v. ZUDELL
Citations: 721 N.W.2d 590; 477 Mich. 877Docket: 130778
Court: Michigan Supreme Court; September 29, 2006; Michigan; State Supreme Court
Original Court Document: View Document
The Michigan Supreme Court denied the application for leave to appeal the Court of Appeals' order dated February 17, 2006, in the case of People of the State of Michigan v. Forrest Lee Zudell. Chief Justice Clifford W. Taylor and the other justices were not persuaded to review the case. Justice Kelly dissented, arguing that the defendant's sentence of 17 to 30 months in prison was illegal, as it exceeded the sentencing guidelines range of two to 17 months. According to the law, an intermediate sanction must be imposed unless substantial and compelling reasons are articulated for an upward departure, and an intermediate sanction cannot include a prison sentence. The trial court failed to provide acceptable reasons for the prison sentence, constituting a plain error that affected the defendant's substantial rights and his right to contest the legality of the sentence on appeal. Justice Kelly emphasized that allowing such errors undermines the integrity of the judicial system, leading to public distrust. The Clerk of the Michigan Supreme Court, Corbin R. Davis, certified the order as a true copy.