People v. Hendrick

In this case, we consider whether the legislative sentencing guidelines apply to sentences imposed after a probation violation and whether a defendant’s conduct while on probation can be considered as a substantial and compelling reason for departure from the legislative sentencing guidelines.

The legislative sentencing guidelines apply to certain enumerated felonies committed on or after January 1, 1999. MCL 777.1 et seq.; MCL 769.34(2). The language of MCL 769.34(2) is very clear. It lists no exceptions. Thus, the legislative guidelines would apply to defendant’s sentence, even if the…