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156077 - People v David Ross Ames

​

The People of the State of Michigan,

 

Linus Banghart-Linn

Jennifer Bruggeman

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Lenawee – Noe, M.)

 

David Ross Ames,

 

Marilena David-Martin

 

Defendant-Appellant.

 
​
​Application for Leave to Appeal
 
 
 
 
 
 

Summary

Defendant pleaded guilty to second-degree home invasion and larceny in a building. The trial court sentenced defendant to serve prison terms of 5 to 15 years for the home invasion and 2½ to 4 years for the larceny. The sentencing guidelines ranges were 36 to 71 months and zero to 17 months, respectively. On appeal, in light of People v Lockridge, 498 Mich 358 (2015), defendant challenged the continuing validity of the first sentence of MCL 769.34(10)—“If a minimum sentence is within the appropriate guidelines sentence range, the court of appeals shall affirm that sentence and shall not remand for resentencing absent an error in scoring the sentencing guidelines or inaccurate information relied upon in determining the defendant’s sentence.” The Court of Appeals denied defendant’s delayed application for leave to appeal for lack of merit in the grounds presented. The Supreme Court has ordered oral argument on defendant’s application for leave to appeal to address whether MCL 769.34(10) has been rendered invalid by the decision in Lockridge, to the extent that the statute requires the Court of Appeals to affirm sentences that fall within the applicable guidelines range “absent an error in scoring the sentencing guidelines or inaccurate information relied upon in determining the defendant’s sentence.” See People v Schrauben, 314 Mich App 181, 196 (2016).​