Trial Court Errs in Sentencing Above Mandatory Minimum 25
Yesterday, the Michigan Court of Appeals issued its opinion in People v Jarrud Payne , Docket No. 314816 , in a case where the trial judge sentenced the defendant to a 30 year to 50 year term of imprisonment in a case where the defendant was convicted of an offense carrying a 25-year mandatory minimum. In a per curiam opinion, the Court reversed on the sentencing issue and remanded the matter to the trial court for resentencing. Payne, 17 1/2 years old at the time of the offense, was convicted following a jury trial of criminal sexual conduct in the first degree where the victim was less than 13 years old. The victim, a five-year-old boy, testified Payne had "stuck his pee-pee in my butt and it hurt." Payne, when confronted with the allegations by sheriff's deputies, initially denied the allegations but subsequently admitted to doing the act. The defense argued Payne, after suffering from years of mental health issues, was legally insane at the time of the offense.