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151843 - People v Floyd Phillip Allen

The People of the State of Michigan,
 
Linus R. Banghart-Linn
 
Plaintiff-Appellant,
 
v
(Appeal from Ct of Appeals)
 
 
(Ionia – Hoort, D.)
 
Floyd Phillip Allen,
 
John W. Ujlaky
 
Defendant-Appellee.
 

Summary

Defendant Floyd Phillip Allen was convicted by jury of failing to comply with the sex offenders registration act (SORA), as a second offender, MCL 28.729(1)(b).  SORA authorizes a sentence for a second-time offender, like Allen, of “not more than 7 years” (or 84 months) in prison.  The trial court sentenced Allen as a second-offense habitual offender, MCL 769.10(1)(a), imposing an enhanced sentence of 2 years to 126 months in prison.  Allen appealed to the Court of Appeals, arguing, among other things, that his sentence was improperly enhanced twice.  The Court of Appeals agreed.  It held, in a published opinion, that Allen was properly convicted as a second-time SORA offender, but that his sentence could not be further enhanced under MCL 769.10.  It vacated Allen’s sentence and remanded for resentencing.  On November 4, 2015, the Supreme Court granted leave to appeal, directing the parties to address whether the second-offense habitual-offender enhancement set forth under MCL 769.10 may be applied to the sentence prescribed under MCL 28.729(1)(b).