People v. Daniel

The issue is whether the trial judge abused his discretion, requiring resentencing, when he considered defendant’s remorse among several factors as substantial and compelling reasons to depart below the statutory minimum sentence. I would hold that there was no abuse of discretion in this case.

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As is stated in my dissenting opinion in People v Fields, 448 Mich 58, 90; 528 NW2d 176 (1995), a *13majority of this Court adopted a view that improperly added limitations to judicial discretion that the Legislature did not intend. MCL 333.7401(4); MSA 14.15(7401)(4) provides that a court may depart from…