PEOPLE v. CLAYPOOL

Docket No. 122696. Calendar No. 4.

684 N.W.2d 278 (2004)

470 Mich. 715

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Deon Lamont CLAYPOOL, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 22, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and John S. Pallas, Assistant Prosecuting Attorney, Pontiac, MI, for the people.

Mark S. Bosler, Bloomfield Hills, MI, for the defendant.


OPINION

TAYLOR, J.

The issue in this case is whether it is permissible for Michigan trial judges, sentencing under the legislative sentencing guidelines pursuant to M.C.L. § 769.34, to consider, for the purpose of a downward departure from the guidelines range, police conduct that is described as sentencing manipulation, sentencing entrapment, or sentencing escalation. These doctrines are based on police misconduct, which, alone, is not an appropriate...

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