Michigan v. Glenn (Opinion - Leave Granted)
Annotate this CaseDefendant Donald Michael Hardy was convicted after pleading guilty to one count of carjacking. His sentence was 12 to 50 years' imprisonment. Hardy filed a motion for resentencing, challenging the OV scoring and claiming ineffective assistance of counsel, which the circuit court denied. Hardy then appealed, and the appellate court affirmed the sentence. Defendant Devon DeCarlos Glenn, Jr. was convicted after pleading guilty to armed robbery and felonious assault. He was sentenced to 15 to 30 years' imprisonment for the armed robbery conviction and 18 to 48 months' imprisonment for the felonious assault conviction. The Court of Appeals vacated Glenn's sentence and remanded for resentencing, concluding that although Glenn's conduct used more violence than was strictly necessary to complete an armed robbery, it was not egregious enough in relation to the other conduct listed in the sentencing guidelines to justify the score the circuit court gave him. Both defendants appealed their sentences to the Supreme Court; after review, the Supreme Court found no error in the circuit court's scoring of Hardy's sentence. However, the Court reversed the Court of Appeals' decision in Glenn's case and remanded for recalculation of his sentence.
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