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Michigan Supreme Court: Acquitted offenses don’t count for sentencing

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            The Michigan Supreme Court says a Saginaw County judge was wrong to use crimes that a defendant was found not guilty of against the defendant.

Eric Beck went to trial on multiple charges stemming from a shooting…But the jury ultimately couldn’t decide if he was the shooter. So he was acquitted of murder.

The sentencing judge said that he found a preponderance of evidence that the defendant was the shooter – and sentenced him far above what his standard sentence would have been.

The majority of the Michigan Supreme Court says that violated Beck’s right to due process and he should have continued to be presumed innocent.

Three of the seven justices disagreed. They say that because the standard of proof is lower for sentencing, the defendant’s due process rights were not violated.