PEOPLE OF MI V JAMES ORDELL KEYS JR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 6, 2005
Plaintiff-Appellee,
v
No. 254642
Wayne Circuit Court
LC No. 03-013742-01
JAMES ORDELL KEYS, JR.,
Defendant-Appellant.
Before: Gage, P.J., and Hoekstra, and Murray, JJ.
Gage, P.J. (dissenting).
I respectfully dissent from the majority’s conclusion that resentencing is not necessary.
Defendant was convicted of larceny of property with a value of $1,000 or more but less than
$20,000, MCL 750.356(3)(a), and sentenced as a fourth habitual offender, MCL 769.12. The
statutory sentencing guidelines established a minimum term range of twelve to forty-eight
months, and the trial court sentenced defendant to life in prison. The trial court justified the
departure on the basis of defendant’s extensive criminal record.
If a trial court’s departure from the sentencing guidelines is not proportionate to the
seriousness of the defendant’s conduct and his criminal history, the departure is not necessarily
justified by the articulation of a substantial and compelling reason. People v Babcock, 469 Mich
247, 264; 666 NW2d 231 (2003). While I am mindful of defendant’s extensive criminal record
and that MCL 769.12 authorizes life in prison, I find that the trial court was not justified in
sentencing defendant to life in prison. I believe that the sentence imposed is disproportionate to
the crime committed, larceny of a traffic control device. A sentence of life in prison should be
reserved for the most egregious offenders.
I would remand for resentencing within the guidelines.
/s/ Hilda R. Gage
-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.
