Appeals court orders third re-sentencing in 2011 murder of Carly Lewis
GRAND TRAVERSE COUNTY, Mich., (WPBN/WGTU) -- The man convicted in 2011 of killing a Traverse City teenager will return to court for a fourth time after winning an appeal.
The Michigan Court of Appeals decided Tuesday to vacate Robert Schwander's sentence and have him sent back to Grand Traverse County for re-sentencing.
In November 2011, the then 16-year-old Schwander was convicted of second-degree murder in the death of Carly Lewis.
Lewis went missing on June 2, 2011 and family and friends searched for 12 days before finding her body.
Schwander was originally sentenced to 40 to 70 years in prison before appealing and being re-sentenced to 38 to 70 years.
A third sentencing upheld the 40 to 70 years.
In a 2-1 decision, the appeals court said judges never fully explained why Schwander's sentence exceeded guidelines.
Appellate judges said the punishment was "unreasonable and disproportionate."
In December 2017, friends and family of Lewis started a petition against Schwander's re-sentencing.
At that time county Prosecutor Bob Conney said, "I certainly understand the family's concerns. It would take a toll on anyone having a case sent back for sentencing a fourth time."
Schwander will face a new judge, both judges that ruled in this case before have retired.