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<TD vAlign=center width="100%" background=http://i1.bluelight.nu/p/10.gif bgColor=#e8e8f1>Mother to be resentenced in heroin injection case 03-09-2005 08:53</TD>
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<TD>Detroit Free Press
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<TD =xq>Mom must be resentenced in heroin case, court says
September 1, 2005
BY JOE SWICKARD
FREE PRESS STAFF WRITER
A Warren mother now serving at least 15 years in prison for shooting up a teenager with heroin must be resentenced, the Michigan Court of Appeals said Wednesday.
The court let Lisa Marie Havens' conviction stand but said Macomb County Circuit Judge Mary Chrzanowski erred in December 2002 by not adequately explaining why she ordered Havens to serve four concurrent sentences of 15 to 40 years for delivering drugs to a minor.
Havens, then 42, pleaded guilty to injecting the drug into a 14-year-old friend of her 15-year-old daughter.
Appellate Judges Peter D. O'Connell and Stephen L. Borrello said Chrzanowski didn't meet the law's requirement to spell out her specific reasoning when she departed from sentencing guidelines, which called for the minimum sentence to be in the range of 19 to 38 months.
But Judge Bill Schuette disagreed, writing that Chrzanowski adequately justified the harsher sentence.
Robert Berlin, chief appellate lawyer for the Macomb County Prosecutor's Office, said the decision may be appealed to the Michigan Supreme Court.
"Obviously our office agreed with the sentence," Berlin said.
"This was a departure from the guidelines, yes, but this was a very serious and unusual case."
Havens' attorney, Albert Markowski, could not be reached for comment. </TD></TR></T></TABLE></TD></TR></T></TABLE>
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