People of Michigan v. Lionel Eric Turner ( 2011 )

Order Michigan Supreme Court
Lansing, Michigan
May 13, 2011 Robert P. Young, Jr.,
Chief Justice
141745 Michael F. Cavanagh
Marilyn Kelly
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Diane M. Hathaway
Plaintiff-Appellee, Mary Beth Kelly
Brian K. Zahra,
v SC: 141745 Justices
COA: 298839
Wayne CC: 09-018198-01-FJ
LIONEL ERIC TURNER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 4, 2010 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Wayne Circuit Court for further
proceedings consistent with MCR 6.310(C).
Although the plea agreement negotiated between the prosecutor and defendant was
not predicated upon a statement by the Court that it would sentence defendant to a
specified term or within a specified range, see People v Cobbs, 443 Mich 276 (1993), the
circuit court gratuitously “promised” that it would sentence defendant to “the low-end of
the guidelines” range if defendant “entered into” the plea. After acknowledging and
accepting the circuit court’s promise, defendant entered guilty pleas to kidnapping,
carjacking, armed robbery, five counts of first-degree criminal sexual conduct, second-
degree criminal sexual conduct, and felony firearm. However, at sentencing, the circuit
court imposed a sentence at the high end of the sentencing guidelines range.
Because of the unique facts of this case, we REMAND this case to the Wayne
Circuit Court for further proceedings consistent with MCR 6.310(C).
We do not retain jurisdiction.
MARILYN KELLY, J. (concurring in result).
I concur in the result of the Court’s order. I would explicitly vacate defendant’s
sentence and direct the trial court to sentence defendant at the low end of the guidelines
range pursuant to its “promise” or provide defendant the opportunity to withdraw his
plea.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 13, 2011 _________________________________________
d0510 Clerk