Court of Appeals Decision in Armed Robbery Case Overturned by Michigan Supreme Court

In July of 2010, Devon Glenn Jr. was sentenced to 15 to 30 years in prison by Jackson County Circuit Judge John McBain for his role in the August 2009 robbery of Buddy’s Mini Mart. Glenn was allegedly carrying a fake sawed-off shotgun when he and another man, Georval Pennington, robbed the mini-mart. News reports indicated that one or two customers who were in the convenience store at the time were assaulted.

The Michigan Court of Appeals vacated Glenn’s sentence in March of 2012 and ordered the case back to court for resentencing, determining that Glenn’s actions were not “designed to substantially increase the fear and anxiety of his victims,” and were not sadistic, brutal, or torturous.

Now, the Michigan Supreme Court has overturned the Court of Appeals decision. On July 29, the high court ordered that Glenn’s July 2010 sentence be reinstated after Chief Appellate Attorney Jerrold Schrotenboer appealed the appeals court’s decision to the Supreme Court.

The Supreme Court’s opinion stated that Judge McBain was correct in his original assessing of points in Glenn’s case for aggravated physical abuse, and that the defendant’s actions were intended to considerably increase the victims’ anxiety and fear. The high court determined that the defendant “went beyond that necessary to effectuate an armed robbery.” Glenn allegedly struck the clerk and the clerk’s friend in the head using the butt of his gun after ordering them behind the counter.

The Supreme Court decided that Glenn could have simply told the victims that he had a weapon to instill fear, and that instead, he chose to use what looked like a sawed-off shotgun (news reports claim it was actually an Airsoft or BB gun) to strike the men in the head and threaten them.

Devon Glenn is 22 years old; should he serve a minimum of 15 years, he will be in his mid thirties when released from prison.

Michigan criminal appeals attorneys understand the complexities of these types of cases. Had points not been assessed for aggravated physical abuse, the maximum sentence Glenn would have faced would have been 11 years, four months according to the appeals court.

If you have been unfairly sentenced or convicted for an offense you did not commit, take action immediately. There may be other options; it is vital that you consult with an experienced Michigan criminal appeals lawyer who has a proven track record for obtaining the desired result.

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