Opinion

People v. Harper

  • 479 Mich. 599
  • 739 N.W.2d 523
Court
Michigan Supreme Court
Filed
Jul 26, 2007
Status
Published
Author
Cavanagh
On the bench
Cavanagh, Kelly, Taylor, Weaver, Young, Markman, Corrigan
Cited by
89 cases
Authority
More cited than 0.0%

noting that a probationer does not have the right to a jury trial at a revocation hearing and does not have the right to have the violation proved beyond a reasonable doubt

How later courts described this case

  • noting that a probationer does not have the right to a jury trial at a revocation hearing and does not have the right to have the violation proved beyond a reasonable doubt
  • explaining that absconding during judicial proceedings justifies an upward departure
  • explaining that a probation violation justifies an upward departure
  • "Michigan courts have long held that a sentencing court may presume that unchallenged facts contained in a PSIR are accurate."

Written by the judges who cited it.

The opinion

CAVANAGH, J.

{concurring in part and dissenting in part). I concur with the result reached by the majority in People v Harper. Facts admitted by a defendant may be used by a trial court to determine the relevant statutory maximum. See Blakely v Washington, 542 US 296, 303 ; 124 S Ct 2531 ; 159 L Ed 2d 403 (2004). In light of the guidance and admonitions given by the trial court, I believe that defendant Harper admitted to the facts used by the trial court to sentence defendant when he pleaded guilty and stated that he did not contest the information in the presentence investigation report.

*646 Moreover, I concur with the result advocated by Justice KELLY in her dissent in People v Burns. I agree that the trial court did not articulate substantial and compelling reasons to depart from the sentencing guidelines. See People v Babcock, 469 Mich 247 ; 666 NW2d 231 (2003). Thus, this case should be remanded for resentencing. Because the trial court did not comply with the requirements for sentencing and this case can be decided on statutory grounds, it is improper to address the constitutional issue decided by the majority.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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