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No. 126333
| Lowell R. Fisher, D.O., |
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Philip Green |
Plaintiff-Appellant, |
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vs (Appeal from Ct of Appeals) |
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(Jackson - Perlos, A.) |
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| W. A. Foote Memorial Hospital, |
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Susan Healy Zitterman |
Defendant-Appellee. |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Background
In March 2000, Darin Hendrick pleaded guilty to attempted first-degree home invasion. He was later sentenced to five years of probation, with the first year in jail. In April 2001, Hendrick pleaded guilty to possessing a Molotov cocktail, and he was sentenced to five years of probation with the first year in jail. In August 2001, Hendrick was found to have violated his probation by being in possession of a shotgun while on a public street. On August 23, 2001, Hendrick was sentenced to prison terms for both of the offenses for which he had been put on probation: one to five years for the home invasion conviction, and 10 to 20 years for the Molotov cocktail conviction. The Court of Appeals denied Hendrick's request to review both these sentences, but the Supreme Court remanded this case to the Court of Appeals as on leave granted for consideration of whether the legislative sentencing guidelines apply to sentences imposed after a probation violation. On remand, the Court of Appeals decided in a published opinion that the legislative guidelines do apply to sentences imposed after a probation violation. Because Hendrick's Molotov cocktail sentence exceeded the guidelines, the Court of Appeals vacated that sentence and remanded for resentencing. The prosecutor appeals.
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