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People v. Hurley

Citations: 713 N.W.2d 772; 475 Mich. 858Docket: 130097

Court: Michigan Supreme Court; May 24, 2006; Michigan; State Supreme Court

Original Court Document: View Document

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The Michigan Supreme Court vacated the sentence of Jeremy Hurley and remanded the case to the Wayne Circuit Court for resentencing. The Court found that Hurley demonstrated good cause and actual prejudice, which warranted relief under MCR 6.508(D). The previous sentence was deemed invalid because it did not adhere to the sentencing guidelines, which required a jail term unless a substantial and compelling reason was provided for a departure. The Court directed that on remand, the circuit court must either impose a sentence within the appropriate guidelines range or provide a substantial and compelling reason for any deviation from those guidelines, referencing People v Babcock, 469 Mich 247 (2003). The Supreme Court did not retain jurisdiction over the case.