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).