Legal Opinion

People v. Wiley

Michigan Supreme Court

Decided March 29, 2005No. Docket 126221PublishedCited by 22 opinions

1Opinion of the Court

MEMORANDUM OPINION

We hold that a sentence that exceeds the sentencing guidelines satisfies the requirements of MCL 769.34(3) when the record confirms that the sentence was imposed as part of a valid plea agreement. Under such circumstances, the statute does not require the specific articulation of additional “substantial and compelling” reasons by the sentencing court. MCL 769.34(3); People v Babcock, 469 Mich 247, 256-258; 666 NW2d 231 (2003).

Furthermore, a defendant waives appellate review of a sentence that exceeds the guidelines by understandingly and voluntarily entering into a plea…

2Cases cited3 opinions

  1. People v. BabcockMichigan Supreme Court · 2003
  2. People v. CarterMichigan Supreme Court · 2000
  3. People v. CobbsMichigan Supreme Court · 1993

3Cited by22 opinions

  1. People v. BillingsMichigan Court of Appeals · 2009
  2. People v. MalinowskiMichigan Court of Appeals · 2013
  3. People v. PriceMichigan Supreme Court · 2006
  4. People v. MuttschelerMichigan Supreme Court · 2008
  5. People v. McKayMichigan Supreme Court · 2005

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