People of Michigan v. Chad Michael Carpenter
322 Mich. App. 523
Mich. Ct. App.2018Background
- Carpenter pleaded guilty to armed robbery, breaking and entering, and attempted possession of a firearm by a felon; factual basis included brandishing a knife at a Rite Aid clerk, stealing tools from a storage unit, and attempting to buy a gun from an undercover officer.
- As part of the plea agreement OV 19 (interference with administration of justice) was to be scored zero, but post‑plea misconduct occurred: Carpenter attempted to smuggle drugs into jail and allegedly assaulted an inmate who informed on him.
- At sentencing the trial court scored OV 19 at 25 points (threat to the security of a penal institution), producing a guidelines minimum range of 135–225 months for armed robbery; the court imposed 225–480 months (top of the range).
- Carpenter moved for resentencing, arguing OV 19 should be 0 because the jail incidents were not connected to the sentencing offense; the court denied the motion and noted Lockridge made the guidelines advisory.
- Carpenter appealed only the armed robbery sentence, challenging the OV 19 score and the reasonableness of his sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV 19 may be scored based on post‑offense jail conduct | Prosecution: jail smuggling/assault threatened penal security and was connected because Carpenter was jailed for the underlying crimes | Carpenter: OV 19 applies only to the sentencing offense; the jail incidents were unrelated and OV 19 should be 0 | Court: OV 19 may consider post‑offense conduct; Carpenter's jail conduct threatened penal security, so 25 points proper |
| Whether the 225‑month sentence was unreasonable/departure | State: sentence within advisory range and properly imposed after considering Lockridge | Carpenter: if OV 19 were scored lower his sentence would be a departure and unreasonable | Court: sentence was within the correctly calculated guidelines range; no resentencing required |
Key Cases Cited
- Lockridge v. Michigan, 498 Mich. 358 (advisory nature of guidelines and standard for departures)
- People v. Smith, 488 Mich. 193 (post‑offense conduct may be considered for OV 19)
- People v. McGraw, 484 Mich. 120 (OVs scored by reference to the sentencing offense absent statutory language to the contrary)
- People v. Hardy, 494 Mich. 430 (standard of review for factual findings in sentencing)
- People v. Kimble, 470 Mich. 305 (preservation of sentencing issues)
- People v. Francisco, 474 Mich. 82 (resentencing not required if sentence within guidelines and no scoring error)
- People v. Sargent, 481 Mich. 346 (OV application principles)
- People v. Ward, 483 Mich. (discussion supporting that drugs threaten penal security)