People of Michigan v. Donald Lee Bush
331716
| Mich. Ct. App. | May 9, 2017Background
- Defendant, a repeat sex-offender, failed to update his SORA registration and failed to appear for verification in 2015; he also admitted not reporting a cellphone and had an outstanding bench warrant.
- He pleaded guilty to failing to update sex offender registration, MCL 28.729(2); other SORA-related charges were dismissed in the plea.
- The PSIR showed an extensive criminal history: five high-severity felonies (all sexual offenses, including CSC II and CSC III), additional felonies and misdemeanors, juvenile convictions, and substance abuse admissions.
- Probation recommended a 6-year minimum (outside guidelines); prosecution sought a 116-month minimum, emphasizing repeated sexual offenses, violent misconduct in custody, and failure to be deterred by prior incarceration.
- The trial court sentenced defendant as a fourth-offense habitual offender to 96 to 180 months, citing that the sentencing guidelines underweighted his prior record and did not account for the nature and number of his sexual offenses.
- Defendant appealed the upward departure as unreasonable under Lockridge; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing an upward departure from the guidelines | Court may consider unaccounted-for factors like multiple prior sexual felonies and incustody violence to justify a longer sentence | Bush argued the factors relied on were already considered in the guidelines and habitual-offender status, so the departure was unreasonable | Affirmed: sentence was reasonable and proportionate; guidelines underweighted defendant’s extensive sexual-felony history and other aggravating factors |
Key Cases Cited
- Lockridge v. Michigan, 498 Mich 358 (2015) (made Michigan sentencing guidelines advisory and directed sentences be reviewed for reasonableness)
- Milbourn v. People, 435 Mich 630 (1990) (principle of proportionality for sentencing: consider offense nature and offender background)
- Steanhouse v. People, 313 Mich App 1 (2015) (explained applying Milbourn proportionality after Lockridge)
- Smith v. People, 423 Mich 427 (1985) (clarified when a two-year misdemeanor is treated as a felony under sentencing statutes)
- McKinley v. People, 168 Mich App 496 (1988) (discussed proportionality and sentencing considerations)
- Tanner v. People, 387 Mich 683 (1972) (two-thirds rule referenced as a sentencing guide)