PEOPLE OF MI V JASON DONALD KROEPEL
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 3, 1997
Plaintiff-Appellee,
v
No. 182382
Cass Circuit Court
LC No. 94-8111 FC
JASON DONALD KROEPEL,
Defendant-Appellant.
Before: Saad, P.J., and Hood and McDonald, JJ.
MEMORANDUM.
Following a jury trial in Cass Circuit Court, defendant was convicted of assault with intent to
commit great bodily harm less than murder. After the trial court calculated the sentence guideline range
as two to five years on the minimum, it imposed an upward departure sentence of six to ten years
imprisonment, noting that, having presided at trial, it considered the brutality of the crime warranted a
more severe sanction. Defendant appeals by right.
Defendant contends that “excessive brutality” was already adequately accounted for by a 50
point score under OV 2 for purposes of calculating the sentence guidelines, and that further upward
departure based on such considerations was erroneous. First, we note that guideline scoring issues of
this type no longer present cognizable claims for appellate relief absent an independent showing that the
sentence imposed is disproportionate to the offense and the offender. People v Mitchell, 454 Mich
145; ___ NW2d ___ (1997). In any event, when a defendant’s actions are so egregious that the
guidelines calculations do not reflect their severity, an upward departure from the guidelines range was
permissible even prior to Mitchell. People v Granderson, 212 Mich App 673; 538 NW2d 471
(1995).
Affirmed.
/s/ Henry William Saad
/s/ Harold Hood
/s/ Gary R. McDonald
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
