PEOPLE OF MI V JASON DESHAWN THOMAS

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 25, 2000 Plaintiff-Appellant, v No. 207374 Oakland Circuit Court LC Nos. 96-149280 FH, 96-149281 FH JASON DESHAWN THOMAS, Defendant-Appellee. Before: Cavanagh, P.J., and White and Talbot, JJ. TALBOT, J. (concurring). I agree that defendant’s sentence must be vacated and the matter remanded for resentencing for the reasons stated by the majority. I write separately only to emphasize that the trial court failed to identify the objective “substantial and compelling” factors it believed allowed for a downward departure, and we can identify only two from the record. Unless a great deal more than defendant’s age and lack of criminal history can be developed on remand, there appears to be no objective basis to depart from the statutory minimum sentence. /s/ Michael J. Talbot -1

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