People of Michigan v. Evan Lindsey Kerr
368909
| Mich. Ct. App. | Dec 16, 2024Background
- Defendant Evan Lindsey Kerr collided with another vehicle after failing to stop at a stop sign, severely injuring the victim, James Wagenknecht, who required extensive hospitalization and surgeries.
- Blood tests indicated Kerr was under the influence of methadone and THC at the time of the accident.
- Kerr pleaded no contest to operating a vehicle while intoxicated (OWI) causing serious impairment but failed to appear for his original sentencing, leading to his arrest.
- The sentencing guidelines for Kerr (Level IV-C, Class E felony) recommended a minimum of 5 to 23 months, but the prosecutor requested a 39-month minimum due to aggravating circumstances.
- The trial court imposed a 39- to 60-month sentence—exceeding guidelines—citing the severity of the victim's injuries, unscored prior offenses, and Kerr's absconding before sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exceeding guideline minimum sentence was proper | Guidelines did not account for full severity and Kerr's conduct | Court failed to consider mitigating factors (work history, minimal record, own struggles) | Court did not abuse discretion; sentence upheld |
| Constitutionality of MCL 769.34(3)(b) | Raised in response, not timely presented | — | Issue not properly before court; not addressed |
| Required consideration of mitigating factors | — | Sentence improper—court did not explicitly weigh mitigation | Courts not required to explicitly weigh mitigation |
| Inadequate offense variable scoring as grounds for departure | Five prior offenses and absconding were under-weighted | — | Adequate grounds for sentencing departure |
Key Cases Cited
- People v. Posey, 512 Mich 317 (all sentences are reviewed for reasonableness)
- People v. Steanhouse, 500 Mich 453 (proportionality is key to reasonableness review)
- People v. Babcock, 469 Mich 247 (proportionality considers seriousness of crime and criminal history)
- People v. Harper, 479 Mich 599 (history of absconding is a substantial reason for departure)
- People v. Tanner, 387 Mich 683 (minimum sentence cannot exceed two-thirds of statutory maximum)