People of Michigan v. Matthew James Trojanek, 326885

Defendant Matthew Trojanek pleaded guilty to third-offense domestic violence and resisting/obstructing a police officer after an incident where the victim reported physical assault, choking, threats with a gun-like BB pistol, and prior threats; the victim later gave conflicting testimony at the preliminary hearing.
During transport to jail, Trojanek admitted he refused officers' commands to stop using his cell phone; officers pulled the car over and used a Taser to seize the phone.
At sentencing the trial court imposed consecutive prison terms (24–60 months for domestic violence; 12–24 months for resisting), departing upward from the recommended guidelines range that called for an intermediate sanction.
Trojanek sought leave to appeal; this Court initially remanded on costs and the Michigan Supreme Court directed consideration of additional issues on leave granted.
The Court of Appeals affirmed the convictions but remanded for the trial court to determine whether the upward departure sentences were proportional and whether assessed costs were reasonable.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether prison was improper given guidelines called for intermediate sanction	State argued sentencing within court's discretion post-Lockridge	Trojanek argued trial court erred by imposing prison without substantial/compelling reasons	Court affirmed convictions but remanded for trial court to reconsider proportionality under Milbourn standard
Whether consecutive sentences were improper for resisting conviction	State argued resisting was proven by defendant’s admissions	Trojanek argued he did not resist lawful police conduct	Court held plea admissions supported inference officers’ commands were lawful; consecutive sentencing permissible
Whether OV 13 was improperly scored (pattern of crimes)	State argued three qualifying offenses within 5 years supported 25 points	Trojanek argued no pattern of crimes against the person within 5 years	Court held OV 13 properly scored: sentencing offense plus two prior incidents within 5 years warranted 25 points
Whether costs imposed were reasonable	State asserted costs were appropriate	Trojanek challenged reasonableness/relationship to actual costs	Court remanded for trial court to determine whether imposed costs were reasonably related to actual costs

Lockridge, 498 Mich 358 (holding mandatory judicial departure reasons in guidelines are unconstitutional; reasonableness standard applies)
Masroor, 313 Mich App 358 (discussing abuse-of-discretion review and proportionality under Milbourn)
Milbourn, 435 Mich 630 (principle of proportionality for sentencing)
Corr, 287 Mich App 499 (defining obstruction as knowing failure to comply with lawful command)
Moreno, 491 Mich 38 (defendant’s common-law right to resist unlawful police conduct; lawfulness of arrest is an element)
Jones, 190 Mich App 509 (a defendant’s plea is sufficient when an inculpatory inference can be drawn from the defendant’s statements)