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160046 - People v Lonnie James Arnold

The People of the State of Michigan,

 

Alexis Gipson-Goodnough

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Monroe – Weipert, M..)

 

Lonnie James Arnold,

 

Marilena David-Martin

 

Defendant-Appellant.

 

Summary

The defendant was convicted of aggravated indecent exposure and indecent exposure by a sexually delinquent person and was sentenced as a fourth-offense habitual offender to 25 to 70 years in prison.  The Court of Appeals held that the defendant must be sentenced to 1 day to life in accordance with MCL 750.335a(2)(c).  The Supreme Court reversed, holding that a 1 day to life prison sentence was never required by the statutory scheme, and remanded the case to the Court of Appeals for reconsideration.  On remand, the Court of Appeals, in a published opinion, vacated the defendant’s sentence and remanded the case to the trial court for further sentencing proceedings.  The Supreme Court has granted leave to appeal to address:  (1) whether indecent exposure by a sexually delinquent person is a distinct felony “enumerated” in the Michigan Penal Code and subject to the sentencing guidelines, or whether the offense is subject to the sentencing guidelines regardless because it is set forth in MCL 777.16q as a listed felony; (2) whether, when the legislative sentencing guidelines provide for a penalty that is inconsistent with the penalty provided in the Penal Code for an offense, the sentencing guidelines are an amendment or repeal of inconsistent provisions of the Penal Code by implication such that the guidelines control, and if so, whether this comports with Const 1963, art 4, § 25; and (3) whether the rule of lenity is implicated, see People v Hall, 499 Mich 446, 458 n 38 (2016).​