|
No. 138988
| The People of the State of Michigan, |
|
Timothy A. Baughman |
Plaintiff-Appellee, |
|
|
| v |
(Appeal from Ct of Appeals) |
|
|
(Wayne - Ryan, D.) |
|
|
| Leonard Leppel Jackson, |
|
Kim M. McGinnis |
Defendant-Appellant. |
|
|
| ______________________________________________ |
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal (not yet available)
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief>>
Background
A witness claimed that Leonard Leppel Jackson robbed her at gunpoint outside a Detroit party store. Jackson was arrested and charged as a third habitual offender with armed robbery, two counts of felonious assault, felon in possession of a firearm, and felony-firearm. Following a one-day bench trial, Jackson was convicted of armed robbery and two counts of felonious assault; he was acquitted of the weapons offenses. Jackson’s minimum sentencing guidelines were calculated to be 108 to 270 months. The trial court imposed a minimum sentence of 108 months for the armed robbery conviction, and a maximum sentence of 240 months. Jackson was sentenced to prison terms of 48 to 96 months for the assault convictions, to run concurrently with his armed robbery prison term. The Court of Appeals affirmed Jackson’s conviction and sentence for armed robbery, but it vacated his two convictions and sentences for felonious assault, concluding that the prosecutor failed to prove that Jackson possessed a dangerous weapon. The Court of Appeals acknowledged that Jackson’s minimum sentencing guidelines fell to 51 to 127 months as a result of its ruling vacating the assault convictions. But the appeals court concluded that Jackson was not entitled to resentencing: “Because defendant’s armed robbery sentence [with a minimum term of 108 months] is within the appropriate guidelines range [of 51 to 127 months] and defendant did not raise this issue ‘at sentencing, in a proper motion for resentencing, or in a proper motion to remand,’ we must affirm defendant’s sentence under MCL 769.34(10). People v Francisco, 474 Mich 82, 88-89; 711 NW2d 44 (2006); People v Kimble, 470 Mich 305, 310-311; 684 NW2d 669 (2004).” Jackson appeals.
Top of Page
|
