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154764 - People v Lonnie James Arnold

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The People of the State of Michigan,
 
Michael C. Brown
 
Plaintiff-Appellant,
 
v
(Appeal from Ct of Appeals)
 
 
(Monroe – Weipert, M.)
 
Lonnie James Arnold,
 
Marilena B. David-Martin
 
Defendant-Appellee.
 

Summary

Defendant was convicted of indecent exposure as a sexually delinquent person. The trial court rejected defendant’s request to be sentenced to serve one day to life under MCL 750.335a(2)(c) and instead sentenced him to serve a prison term of 25 to 70 years. In an unpublished opinion, the Court of Appeals remanded for the trial court to determine whether it would adhere to the sentencing guidelines rather than the § 335a(2)(c) alternative sentence given that the guidelines have been rendered advisory by People v Lockridge, 498 Mich 358 (2015). The appeals court later granted defendant’s motion for reconsideration, because in People v Campbell, 316 Mich App 279, 300 (2016), a different panel held that “after the decision in Lockridge, trial courts must sentence a defendant convicted of indecent exposure as a sexually delinquent person consistent with the requirements of MCL 750.335a(2)(c).” Accordingly, in a second unpublished opinion on reconsideration, the Court of Appeals remanded for imposition of a mandatory sentence of one day to life. On appeal by the prosecuting attorney, the Supreme Court has granted leave to appeal to address: (1) whether MCL 750.335a(2)(c) requires the mandatory imposition of “imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life” for a person who commits the offense of indecent exposure by a sexually delinquent person, or whether the sentencing court may impose a sentence within the applicable guidelines range, see MCL 777.16q; (2) whether the answer to this question is affected by this Court’s decision in Lockridge; and (3) whether Campbell was correctly decided.