In March of 2012, the Michigan Court of Appeals ordered that then 20-year-old Devon Glenn Jr. be re-sentenced for his role in a 2009 armed robbery in Jackson. Glenn had been serving 18 to 30 years in prison, however the appeals court ordered a Jackson County Circuit judge to re-sentence Glenn due to their findings that the defendant’s actions were not torturous or “designed to substantially increase the anxiety and fear of his victims.”
Glenn robbed a Buddy’s Mini Mart in Jackson in August of 2009, using what was actually an Airsoft or BB gun, although victims believed he was carrying a sawed-off shotgun.
The appeals court determined that had Glenn not been given points for what was determined to be “aggravated physical abuse,” minimum sentencing according to recommended state guidelines would have been no greater than 11 years and four months.
In 2010, Jackson County Circuit Judge John McBain found that the defendant’s behavior in the course of committing the robbery had “substantially increased the anxiety and fear” of the victims; however, the Michigan Court of Appeals did not agree, and ordered Glenn to be re-sentenced.
Now, Jackson County Chief Appellate Attorney Jerrold Schrotenboer has appealed the COAs decision to the Supreme Court. On May 8, the court heard arguments from Schrotenboer and Glenn’s attorney. If it is determined that Glenn’s behavior did not significantly increase the anxiety and fear in his victims, his prison sentence may be reduced. The Supreme Court will issue an opinion prior to August 1 of this year, according to a news article at Mlive.com.
Michigan criminal sentence appeals attorneys know that frequently, individuals are penalized excessively in terms of sentencing.
If you have been sentenced in a way that you believe is excessive in terms of the severity of the crime you committed, contact an experienced Michigan criminal appeals lawyer right away. The appeals process is not a simple one, so it is critical that you choose a lawyer who is skilled and capable.