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People v. Wright6/28/2002
sons to depart from the sentencing guidelines. The trial court found that the recommended guidelines range did not adequately account for defendant's behavior, noting that the circumstances of this case could rise to the level of second-degree murder. The court's stated reasons for departure included the fact that defendant was in a stolen car, which he drove at excessive speeds while unable to see where he was going, and that the length of the police pursuit was long enough for defendant to reconsider his actions and stop the car. The court's stated reasons also included defendant's familiarity with the residential neighborhood where the police pursuit occurred, his knowledge that an elementary school was in the area, the fact that school children were likely to be in the area given the time of the pursuit, and the fact that the fatal accident occurred directly outside of the elementary school. Because the factors considered by the court are objective and verifiable and constituted substantial and compelling reasons to depart from the twelve to twenty-four-month guidelines' range, resentencing is not required.
Affirmed.
Brian K. Zahra
Mark J. Cavanagh
Helene N. White
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