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No. 137284
| The People of the State of Michigan, |
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B. Eric Restuccia |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Hillsdale - Smith, M.) |
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| Jamie Lynn Lowe, |
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Brandy Y. Robinson |
Defendant-Appellant. |
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| __________________________________________ |
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Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellant's Application for Leave to Appeal>>
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Background
Jamie Lynn Lowe was part of a group that rented a Hillsdale Motel room, which they began converting into a methamphetamine lab. A motel employee called police because of the smell of chemicals coming from the room. When a Hillsdale County Sheriff’s deputy knocked on the motel room door, Johnny Dewayne Thomas answered; Lowe was in the room. The deputy observed materials used in methamphetamine production. Thomas consented to a search of the room, which revealed suspected marijuana and methamphetamine as well as meth manufacturing materials, including propane cylinders. Thomas also consented to a search of his vehicle, which turned up a handgun. Police found no evidence of actual manufacturing, but surmised that the chemical smell came from the attempt to wash out the propane cylinders in the bathtub. Lowe was charged with operating/maintaining a methamphetamine laboratory, delivery/manufacture of methamphetamine, possession of methamphetamine and carrying a concealed weapon. The prosecutor notified Lowe that he would be charged as a second or subsequent controlled substance offender pursuant to MCL 333.7413(2)(a). That statute states in part that “an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.” Lowe pled guilty to possession of methamphetamine with sentence enhancement as a second drug offender; the other charges against him were dismissed as part of the plea bargain. The minimum sentence guidelines range was calculated to be 10 to 23 months. The Department of Corrections recommended a sentence of one year of jail time, and Lowe asked to be sentenced in accord with the Department’s recommendation. But the trial court imposed a sentence of 46 months to 20 years. The trial court did not state any reason for its upward departure from the sentencing guidelines on the authority of People v Williams, which held that the doubling provision of MCL 333.7413(2) applies to both maximum and minimum sentences. Lowe appealed to the Court of Appeals, claiming that Williams is wrongly decided, but the appellate court denied leave to appeal. Lowe appeals.
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