Appeals court vacates sentence of man convicted of killing Carly Lewis
Thu, 11 Apr 2013 20:21:37 GMT —
The Michigan Court of Appeals has vacated the sentence of convicted killer Robert Jensen Schwander.
Schwander was sentenced in 2011 for the murder of 16-year-old Carly Lewis.
Initially the judge sentenced him to 40 to 70 years in prison, but Schwander's attorney, Craig W. Elhart, argued the sentence was outside the suggested guidelines.
Judge Thomas Power reduced Schwander's sentence to 38 to 70 years in prison after the Court of Appeals called the original sentence excessive and determined it was outside the guidelines.
Elhart said in February while he was pleased with the two-year reduction, he was not done appealing yet.
Elhart says while the he is pleased with the Appeals Court's latest decision to vacate the sentence, there is no good news in a case like this.
"None of this is good news. The entirety of the case is bad news," Elhart said. "There is nothing about the death of a young person or a young person causing the death of another, so there's no good news at all."
The case will now be sent to a new judge for re-sentencing. There is no time table for a new sentence yet.