People of Michigan v. Brandon Allen Smith
330075
| Mich. Ct. App. | Feb 21, 2017Background
- Defendant Brandon Smith pleaded guilty to armed robbery under a Cobbs plea agreement, expecting a sentence at the low end of the applicable guidelines range.
- At plea, parties discussed a guidelines range of 126 to 210 months and an agreement to dismiss a third habitual-offender enhancement. Defendant agreed the sentence would be at the low end of the guidelines.
- At sentencing the court announced it believed the low end would be reasonable but imposed 126 to 240 months’ imprisonment (minimum 126 months).
- The defendant later moved for resentencing, arguing the guidelines were miscalculated and the Sentencing Information Report (SIR) actually showed a correct range of 81 to 135 months.
- The trial court denied resentencing, stating (without explanation) its calculation supported a 126–210 months range and that the 126-month minimum was within the guidelines.
- The Court of Appeals found the parties’ and trial court’s higher guidelines calculation was incorrect and remanded for resentencing at the low end of the correctly scored guidelines; if the court cannot impose the low-end sentence it must allow the defendant to withdraw his plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant who pleads guilty under a Cobbs agreement to receive the low end of the guidelines is entitled to that sentence based on a correctly scored guidelines range | The prosecution argued the plea was a guidelines agreement and the sentence imposed was proper under the court’s calculation | Smith argued the guidelines were mis-scored; the correct range was lower (81–135 months) and he was entitled to the low-end minimum of that correct range | Court held defendant is entitled to be sentenced at the low end of the correctly calculated guidelines range; remanded for resentencing or withdrawal option if court cannot impose low-end sentence |
Key Cases Cited
- People v. Cobbs, 443 Mich 276 (1993) (establishes procedure for plea agreements on sentence and right to withdraw if court cannot honor agreed sentence)
- People v. Wiley, 472 Mich 153 (2005) (defendant may validly agree to a specific sentence above guidelines; waives appellate challenge when agreement specifies the precise sentence)
- People v. Price, 477 Mich 1 (2006) (when a Cobbs agreement contemplates a sentence within the guidelines as calculated by the court, an incorrect scoring requires resentencing)
- People v. Cole, 491 Mich 325 (2012) (pleas must be voluntary and knowing under due process)