Michigan Court of Appeals Remands Drug Delivery Case Back to Trial Court for Resentencing

Recently, Jesse Anthony Collins’ conviction for delivering 50 to 450 grams of heroin was vacated by the Michigan Court of Appeals, who stated that by allowing the prosecutor to aggregate several small deliveries of heroin (28 grams or less) into one drug crime, the trial court had erred. Collins’ case will now be sent back to trial court for resentencing.

There are certain elements that must be present in order for the prosecutor to prove a defendant’s case in regards to drug delivery. For example, to be convicted of delivery of 50 to 450 grams of heroin, it must be shown that the defendant did in fact deliver, that the amount involved was 50 to 450 grams, the illicit substance was heroin or a drug mixture containing heroin, and that the defendant had the knowledge he was delivering heroin. In the case of Jesse Collins, 28 grams was the most delivered in any single circumstance. Under Michigan’s statutory definition of drug delivery, the indication is that the amount of drug an individual is accused of delivering is that related to a single transfer, not several transfers over a prolonged time period.

Collins appealed the jury trial conviction for delivery of 50 to 450 grams of heroin before Douglas Shapiro, Kathleen Jansen and Karen Fort Hood, who found that the conviction was invalid. The appeals court remanded the case to trial court for vacation of the conviction, and for resentencing on other convictions including possession with intent to deliver less than 50 grams of heroin. All of Collins’ separate convictions were remanded for resentencing due to the fact that the appeals court felt that these sentences may have been partially based on information that was not accurate.

Michigan criminal appeals attorneys know that mistakes are made in the courtroom, as evidenced by the case above. This frequently leaves individuals who are convicted of a crime facing harsh penalties for a crime they may not be guilty of.

If you have been wrongly convicted or sentenced harshly in proportion to the crime you are accused of committing, consult with a capable and aggressive Michigan criminal appeals lawyer right away.

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