PEOPLE OF MI V JOHN EDWARD CARPENTER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 13, 2001
Plaintiff-Appellee,
v
No. 219186
Cheboygan Circuit Court
LC No. 98-001917-FH
JOHN EDWARD CARPENTER,
Defendant-Appellant.
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellant,
v
No. 219800
Cheboygan Circuit Court
LC No. 98-001917-FH
JOHN EDWARD CARPENTER,
Defendant-Appellee.
Before: Wilder, P.J., and Smolenski and Whitbeck, JJ.
SMOLENSKI, J. (concurring in part and dissenting in part).
In Docket No. 219186, I concur with the majority opinion. In Docket No. 219800, I
respectfully dissent. I would hold that the trial court abused its discretion by imposing a
disproportionately lenient sentence and I would therefore vacate defendant’s sentence and
remand for resentencing.
After a jury trial, defendant was convicted of two counts of second-degree criminal sexual
conduct, MCL 750.520c(1)(a); MSA 28.788(3)(1)(a). The charges arose out of numerous sexual
contacts that defendant initiated with a young boy who was between five and seven years old
when the incidents occurred. Additionally, defendant was previously convicted of a similar
offense involving the victim’s seven year old sister, regarding acts of sexual molestation that
occurred during the same time period. The sentencing guidelines for the instant offense provided
for a sentence range of 12-36 months’ imprisonment. The trial court departed downward from
the guidelines, imposing a sentence of only 270 days in the county jail. I do not believe that the
-1-
factors cited by the trial court justify the lenient sentence imposed, given the serious nature of
this criminal sexual conduct offense involving a young child.
/s/ Michael R. Smolenski
-2-
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.