PEOPLE OF MI V CRAIG SCOTT BAKER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 23, 2004
Plaintiff-Appellee,
v
No. 251238
Gratiot Circuit Court
LC No. 01-004181-FC
CRAIG SCOTT BAKER,
Defendant-Appellant.
Before: Cooper, P.J., and Fitzgerald and Hoekstra, JJ.
COOPER, P.J. (dissenting).
I must respectfully dissent from the majority opinion of my colleagues. I would find that
we must reverse and remand for resentencing.
In order to enhance a sentence, there must be substantial and compelling reasons for
departure that are objective and verifiable.1 If the trial court had relied on objective and
verifiable factors in determining defendant’s sentence, I would agree with my colleagues and
vote to affirm. Instead, the trial court relied on the inadmissible, self-serving statements of the
co-defendants in enhancing defendant’s sentence. The majority correctly asserts that these
statements would have been objective and verifiable under prior Michigan case law. However,
the statements are testimonial hearsay and are inadmissible pursuant to the recent United States
Supreme Court decision in Crawford v Washington,2 which we are bound to follow.3
Accordingly, the co-defendants’ statements are not verifiable evidence and, therefore, are
improper grounds to form a substantial and compelling reason for departure from the minimum
sentencing guidelines range. As the sentencing court improperly supported its reasons for
departure, I would reverse and remand for resentencing.
/s/ Jessica R. Cooper
1
People v Babcock, 469 Mich 247, 255-258; 666 NW2d 231 (2003).
2
Crawford v Washington, ___ US ___; 124 S Ct 1354; 158 L Ed 2d 177 (2004).
3
Abela v General Motors Corp, 469 Mich 603, 606-607; 677 NW2d 325 (2004) (decisions of the
United States Supreme Court are binding on this state’s courts).
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