PEOPLE OF MI V RHONDA LYNN BRUCKNER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 22, 2005
Plaintiff-Appellee,
v
RHONDA LYNN BRUCKNER,
No. 257356
Kalkaska Circuit Court
LC No. 04-002455-FC
Defendant-Appellant.
Before: Smolenski, P.J., and Schuette and Borrello, JJ.
MEMORANDUM.
A jury convicted defendant of two counts of first-degree criminal sexual conduct under
MCL 750.520b(1)(a) and two counts of first-degree criminal sexual conduct under MCL
750.520b(1)(b)(i). Defendant was sentenced to four concurrent prison terms of ten to twenty
years. We affirm. This case is being decided without oral argument under MCR 7.214(E).
Defendant’s sole argument on appeal is that in sentencing her, the trial court relied on
facts neither admitted nor found by a jury in violation of Blakely v Washington, 542 US 296, 124
S Ct 2531, 159 L Ed 2d 403 (2004) and Apprendi v New Jersey, 530 US 466; 120 S Ct 2348; 147
L Ed 2d 435 (2000). Specifically, defendant argues that the trial court violated her constitutional
rights when it scored offense variables 4, 10, and 13 based on facts that were neither proven to
the jury beyond a reasonable doubt nor admitted by defendant.
In People v Claypool, 470 Mich 715, 730 n 14; 684 NW2d 278 (2004), our Supreme
Court explained that Michigan’s sentencing scheme is unaffected by the holding in Blakely. In
People v Drohan, 264 Mich App 77, 89 n 4; 689 NW2d 750 (2004), lv gtd 472 Mich 881 (2005),
the Court held that Claypool was binding precedent. Accordingly, defendant’s claim must fail.
Affirmed.
/s/ Michael R. Smolenski
/s/ Bill Schuette
/s/ Stephen L. Borrello
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.
