People v. Terrell
312 Mich. App. 450
| Mich. Ct. App. | 2015Background
- Defendant was convicted of three counts of assault with intent to do great bodily harm less than murder and several felonies.
- Original sentence treated as fourth-offense habitual offender with long prison terms; some sentences noted as consecutive/concurrent in amended judgments.
- Court of Appeals affirmed convictions, vacated sentences, and remanded for resentencing due to habitual-offender issues and departure errors.
- On remand, defendant re-scored PRV and OVs, and the court imposed new guidelines-based ranges; the habitual offender status was reduced to second-offense.
- Defendant challenged resentencing issues including OV scoring, vindictiveness claims, costs, and PRV7 scoring; remand guidance followed Crosby/Lockridge framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV scoring complied with Lockridge/ Alleyne and the remedy was proper | People argues scoring errors require Crosby remand | Terrell argues error should trigger remand for harmless error analysis | Remand to Crosby procedure to assess harmlessness |
| Whether OV3, OV4, OV9 scoring was supported by jury findings | People asserts jury supports OV9 and related scores | Terrell contends some scores stem from judicial fact-finding | OV9 supported by verdict; remand still required for Crosby analysis |
| Whether the increased felon-in-possession sentence on remand was vindictive | Prosecutor seeks enhanced sentence under guidelines | Defendant claims vindictiveness from higher on remand | No vindictiveness; reasons explained; not resentencing ground |
| Whether amended judgment and costs must reflect waiver of fees | Costs should be waived per indigent status | Amended judgment included costs despite waiver | Remand to correct judgment to reflect waiver |
| Whether PRV7 scoring was proper given mandatory consecutive sentences | PRV7 could be scored based on multiple concurrent felonies | PRV7 impermissible if concurrent felonies counted with mandatory consecutive | PRV7 properly scored; defense rejected |
Key Cases Cited
- People v Lockridge, 498 Mich 358 (Mich 2015) (Sixth Amendment concerns; guidelines advisory; remand Crosby procedure)
- People v Stokes, 312 Mich App 181 (Mich Ct App 2015) (Harmless-error framework; remand via Crosby procedure)
- United States v Crosby, 397 F.3d 103 (2d Cir. 2005) (Remand to determine if defendant would have received different sentence)
- People v Cunningham, 496 Mich 145 (Mich 2014) (Cunningham decision on costs/indigence and resentencing framework)
- People v Kimble, 470 Mich 305 (Mich 2004) (Standard for appealability after sentencing within guidelines)