155 Mich. App. 789 | Mich. Ct. App. | 1986
On November 18, 1985, defendant pled guilty to two charges of third-degree criminal sexual conduct and one charge of second-degree esc. He received concurrent sentences of from five to fifteen years in prison for each conviction.
On appeal, defendant raises two sentencing issues. First, defendant argues that he could have been sentenced to a "straight jail term” and that therefore a statement in the presentence report (psr) that the two third-degree esc convictions required "mandatory prison sentences” was inaccurate. Since the psr allegedly contained inaccurate information, defendant argues that he is entitled to resentencing.
As support for his position, defendant relies
Defendant’s argument that he could have been sentenced to "straight time” in the county jail is also without merit. Under MCL 769.8; MSA 28.1080, a maximum sentence of fifteen years was required. As long as the maximum sentence is at least a year and a day, incarceration must be in prison, regardless of the sentence minimum. Blythe, supra, p 437.
Thus, the statement in the psr that defendant’s two third-degree esc convictions required "mandatory prison sentences” was accurate.
Second, defendant argues that the sentences imposed should shock this Court’s conscience. The sentencing guidelines recommended minimum sen
Affirmed.