summarizing a prior case where this Court stated that “ ‘[w]here the punishment for an offense is for a term of years, to be fixed by the judge, it should never be made to extend beyond the average period of persons in prison life, which seldom exceeds 25 years’ ”
How later courts described this case
- summarizing a prior case where this Court stated that “ ‘[w]here the punishment for an offense is for a term of years, to be fixed by the judge, it should never be made to extend beyond the average period of persons in prison life, which seldom exceeds 25 years’ ”
- holding that a mandatory minimum prison sentence of 20 years for nonviolent crime of selling marijuana with no individualized consideration was cruel or unusual
- holding that a mandatory minimum sentence of 20 years in prison for selling any amount of marijuana constitutes cruel or unusual punishment
- holding that a mandatory minimum sentence of 20 years’ imprisonment before parole eligibility constituted cruel or unusual punishment
Written by the judges who cited it.
Distinguished
Distinguished by People v. Osteen, 46 Mich. App. 409 (1973)
387 Mich 167 (1972), is inapplicable
The opinion
Williams, J.
(concurring in part, dissenting in part). My Brother Adams has correctly in my opinion reasoned and concluded that the 20 year mandatory minimum sentence is invalid as cruel and unusual punishment.
*183 However, I can not concur in his disposition of the ease. He remands for resentence. Since, for reasons stated in People v Sinclair, 387 Mich 91 (1972) I hold invalid the statute on which sentence would be based, I hold the defendant’s conviction here must be set aside and his discharge ordered.
Black, J., did not sit in this case.