People of Michigan v. Dewan Lee Odom
330012
| Mich. Ct. App. | Mar 21, 2017Background
- Defendant Dewan Lee Odom pleaded no contest to unarmed robbery, second-degree home invasion, and felonious assault and was sentenced to concurrent terms (84–180 months for robbery and home invasion; 24–48 months for felonious assault).
- At sentencing the trial court scored offense variables (OVs) under Michigan’s then-mandatory sentencing guidelines, resulting in an OV total of 86 and placement in grid cell C-VI (minimum range 43–86 months).
- Two OV scores—OV 8 (15 points for victim asportation/captivity) and OV 12 (10 points for contemporaneous felonious acts)—were based on judicial fact-finding not admitted by Odom in plea, and those scores raised his OV level from V (61 points) to VI (86 points).
- Odom did not object at sentencing on Sixth Amendment grounds; the issue was raised on appeal after People v Lockridge changed the law.
- The prosecutor conceded that a remand was required; the Court of Appeals remanded for a Crosby-style inquiry consistent with Lockridge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Crosby remand is required because judicial fact-finding raised the mandatory guidelines floor in violation of the Sixth Amendment | Prosecution concedes remand is required | Judicial scoring of OVs 8 and 12 was not admitted by Odom and raised his guidelines cell, so remand is required | Remand ordered for Lockridge/Crosby inquiry; trial court must determine whether it would have imposed a materially different sentence absent the unconstitutional constraint |
Key Cases Cited
- People v Lockridge, 870 N.W.2d 502 (Mich. 2015) (held Michigan guidelines advisory after judicial fact-finding raised mandatory minimums in violation of the Sixth Amendment; directed Crosby-style remand procedure)
- United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (remand procedure allowing defendant option to decline resentencing and guiding inquiry into whether sentence would differ)
- People v Odom, 882 N.W.2d 157 (Mich. 2016) (Supreme Court order remanding the case to the Court of Appeals for consideration on the merits)