Published On: November 15, 2021 at 10:06 IST
Due to a Michigan Supreme Court’s ruling this summer in a similar Case, Tyler Wane Judy who was sentenced to Prison for Indecent exposure by a Sexually Delinquent Person will be given a new Sentence.
Prior to Judy’s Appeal, the Michigan Supreme Court ruled in a Monroe County case that under the State’s Indecent Exposure Statute, a person Convicted of Indecent Exposure by a Sexually Delinquent Person can only be Sentenced to the Statutory Term for that Offence, which ranges from one day to life Sentence, or to the other penalties listed in that Section of the Law.
These establish the Maximum Penalty for indecent exposure without the presence of a sexually delinquent person as a Misdemeanor punishable by up to a year in jail and a $1,000 fine, or a misdemeanor Punishable by up to two years in Prison and a $2,000 fine if the person was fondling themselves.
“The guidelines do not purport to trump the substantive penalties in the Statutes that establish the Criminal Offense,” the Supreme Court Ruling’s syllabus says.
Based on that ruling, the three-judge Court of Appeals panel in Judy’s case remanded the case to Lenawee County Circuit Court for Resentencing.
The Appellate Judges, Douglas A. Shapiro, Stephen L. Borrello, and Colleen A. O’Brien, all dismissed Judy’s Allegations. Judy’s argument that two Accusations of indecent exposure against him should have been tried independently from the charge of indecent exposure by a sexually delinquent person was dismissed.
“In each of the cases, Defendant exposed himself to women in public places of business,” the opinion said. “There was little potential for confusion; the cases were presented distinctively, and the facts were not complex.”
The Court also rejected Judy’s claim that there was Insufficient Evidence to Convict him, that the Case should not have been bound over to Circuit Court and that there was Prosecutor Misconduct.