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No. 131942
| The People of the State of Michigan, |
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Olga Agnello |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Wayne - Edwards, P.) |
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| Caprese D. Gardner, |
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Arthur J. Rubiner |
| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Plaintiff-Appellee's Supplemental Brief>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Reply Brief>>
Defendant-Appellant's Supplemental Brief>>
The Criminal Defense Attorneys of Michigan's Amicus Curiae Brief>>
Background
Caprese Gardner was convicted by a jury of second-degree murder, felon-in-possession, and felony-firearm, second offense. Gardner had two prior convictions for felony-firearm and felonious assault; these prior offenses were apparently committed on the same day. Relying on these earlier convictions, the trial court determined that Gardner was a third-habitual offender under MCL 769.11, which states that a person shall be sentenced as a third habitual offender if that person “has been convicted of any combination of 2 or more felonies . . . and that person commits a subsequent felony within this state . . . .” Gardner was sentenced to 25 to 50 years for murder, 2 to 10 years for felon-in-possession, and 5 consecutive years for felony-firearm. Gardner did not challenge the trial court’s decision to sentence him as a third-habitual offender in his direct appeal, but he did raise the issue in a motion for relief from judgment. In his motion, Gardner argued that he should have been sentenced as a second-habitual offender. Gardner relies on Stoudemire, where the Supreme Court held that multiple convictions arising out of a single incident count as only a single prior conviction for habitual offender purposes. Gardner argued that, if he had been sentenced as a second-habitual offender, he would have received a lower sentence. The trial court and the Court of Appeals denied relief. Gardner appeals.
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