Defendant
was convicted of indecent exposure as a sexually delinquent person. The trial
court rejected defendant’s request to be sentenced to serve one day to life
under MCL 750.335a(2)(c) and instead sentenced him to serve a prison term of 25
to 70 years. In an unpublished opinion, the Court of Appeals remanded for the
trial court to determine whether it would adhere to the sentencing guidelines
rather than the § 335a(2)(c) alternative sentence given that the
guidelines have been rendered advisory by People
v Lockridge, 498 Mich 358 (2015). The appeals court later granted
defendant’s motion for reconsideration, because in People v Campbell, 316 Mich App 279, 300 (2016), a different panel
held that “after the decision in Lockridge,
trial courts must sentence a defendant convicted of indecent exposure as a
sexually delinquent person consistent with the requirements of MCL
750.335a(2)(c).” Accordingly, in a second unpublished opinion on
reconsideration, the Court of Appeals remanded for imposition of a mandatory
sentence of one day to life. On appeal by the prosecuting attorney, the Supreme
Court has granted leave to appeal to address: (1) whether MCL 750.335a(2)(c)
requires the mandatory imposition of “imprisonment for an indeterminate term,
the minimum of which is 1 day and the maximum of which is life” for a person
who commits the offense of indecent exposure by a sexually delinquent person,
or whether the sentencing court may impose a sentence within the applicable
guidelines range, see MCL 777.16q; (2) whether the answer to this question
is affected by this Court’s decision in Lockridge;
and (3) whether Campbell was
correctly decided.