Summary
The Michigan Supreme Court denied reconsideration of its prior order denying leave to appeal in People v. Axley. Justice Kelly dissented, arguing that the defendant’s sentence raised substantial issues concerning the scoring of offense variables, the trial court’s departure from the sentencing guidelines, proportionality, and the application of Blakely v. Washington. Justice Markman would have granted reconsideration and remanded for consideration as on leave granted.
Topics
Practice areas
Questions Presented
- Whether reconsideration should be granted because the prior order denying leave to appeal was entered erroneously.
- Whether defendant's sentencing issues—including scoring of offense variables 10 and 14, the upward guidelines departure, proportionality, and the effect of Blakely v. Washington on an intermediate-sanction sentencing range—warranted review.
Holdings
- The motion for reconsideration was denied because it did not appear that the Court's prior order denying leave to appeal had been entered erroneously.
Key quotations
“On order of the Court, the motion for reconsideration of this Court's September 29, 2006 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.” (723)
“A factor that constitutes a substantial and compelling reason for departing from the guidelines must be objective and verifiable and must "‘keenly’ or ‘irresistibly’ grab our attention."” (725)
Factual background
Defendant pleaded guilty to aiding a prisoner to escape detention under MCL 750.183. The trial court scored offense variables 10 and 14, departed from the recommended guidelines range of 0 to 14 months, and sentenced defendant to 56 to 84 months. In her challenge to the sentence, defendant disputed the scoring of the offense variables, the substantial and compelling reasons for departure, proportionality, and the application of Blakely v. Washington.
Procedural history
Axley pleaded guilty to aiding a prisoner to escape detention and challenged only her sentence. The trial court imposed a sentence of 56 to 84 months after departing upward from a recommended guidelines range of 0 to 14 months. The Michigan Court of Appeals denied leave to appeal, and the Michigan Supreme Court previously denied leave to appeal, with Justices Cavanagh, Markman, and Kelly dissenting. The court then denied Axley's motion for reconsideration of that order.