People v. Lee
489 Mich. 289
| Mich. | 2011Background
- Michigan Supreme Court held trial court erred by ordering SORA registration 20 months after sentencing.
- Defendant pled nolo contendere to third-degree child abuse as a second-offense habitual offender; crime not a listed offense.
- Sentencing in March 2006: prosecution sought SORA registration; Judge Beach did not require registration based on record, reserving decision for a hearing.
- Post-sentencing, 2007 hearing before Judge Baillargeon found defendant must register under SORA, relying on record and testimony about “bullying.”
- Court of Appeals affirmed; this Court granted leave to appeal and reversed, vacating the registration order.
- Supreme Court concluded multiple procedural defects invalidated the registration requirement and that the postsentencing motion was untimely under MCR 6.429(B)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with SORA registration timing | People argued registration was proper under SORA catchall | Lee argued procedural defects and timing invalidated registration | Erroneous; improper timing and procedures |
| Whether the catchall provision applied to require registration | People contends catchall supports registration | Lee contends record did not establish catchall offense | Need not decide catchall applicability; procedural defects fatal |
| Whether the sentence was valid given SORA-related defects | People sought correction; registration followed later | Lee emphasizes invalid procedural sequencing | Potentially invalid sentence; but primary issue is improper registration procedures |
| Whether the prosecution’s post-sentencing motion was timely | Motion timely under continuing jurisdiction | Motion untimely under MCR 6.429(B)(3) | Untimely; trial court should have denied |
Key Cases Cited
- People v Whalen, 412 Mich 166 (1981) (invalid sentences lacking essential procedural requirements may be set aside)
- Weaver v People, 33 Mich 296 (1876) (sentence sequencing; respect plea judge's determinations)
- People v Meyers, 250 Mich App 637 (2002) (delay in SORA registration rejected; overruled in this decision)
- People v Barfield, 411 Mich 700 (1981) (sentencing and modification principles in SORA context)
- Pierce v. Clemons, 158 Mich App 113 (1987) (sentencing tailored to circumstances; judge accepting plea best placed to sentence)