LANSING, Mich. (WOOD) — The Michigan Supreme Court will not consider an appeal by a man who was convicted of making a bomb that injured another man.
The sulfuric acid bomb exploded in the victim’s face when he opened a package in his Greenville-area driveway on Sept. 11, 2008.
A jury found Steven Stewart and Alan Bauer II guilty of making the explosive because the victim was dating Stewart’s ex-girlfriend.
Stewart had asked the high court to reverse his conviction of unlawful possession or use of a harmful device, but the court said Wednesday it would not hear the case.
In March 2011, Stewart was sentenced to between 27 and 50 years in prison for the crime. That was significantly longer than the sentencing guidelines of between 11.25 and 18.75 years in prison.
Last year, the Michigan Court of Appeals upheld Stewart’s conviction but threw out his sentence, ruling the judge inappropriately went beyond the sentencing guidelines.
In their ruling last summer, the court found the guidelines did not account for the impact the Stewart’s actions had on the nearby hospital, at which there was a hazmat situation following the incident. It also found the record did not support the county judge adding extra time because the incident happened on Sept. 11 or because of the pain and suffering of the victim.
The case will now go back to Montcalm County Circuit Court for resentencing, but a date for that has not yet been set.