People of Michigan v. Alstair Alexander Richardson

• Court: Michigan Supreme Court
• Decided: October 3, 2017
• Docket: 151808
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

October 3, 2017 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 151808 David F. Viviano Richard H. Bernstein Joan L. Larsen PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder, Plaintiff-Appellee, Justices

v SC: 151808 COA: 326518 Wayne CC: 08-008157-FH ALSTAIR ALEXANDER RICHARDSON, Defendant-Appellant.

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By order of June 28, 2016, the application for leave to appeal the June 10, 2015 order of the Court of Appeals was held in abeyance pending the decision in People v Comer (Docket No. 152713). The case having been decided on June 23, 2017, 500 Mich ___ (2017), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the March 4, 2014 amended judgment of sentence and REMAND this case to the Wayne Circuit Court to reinstate the October 17, 2008 judgment of sentence. In Comer, we held that correcting an invalid sentence by adding a statutorily mandated term is a substantive correction that a trial court may make on its own initiative only before judgment is entered. In this case, the trial court did not have authority to amend the judgment of sentence after entry regarding a provision for lifetime electronic monitoring under MCL 750.520b(2)(d) and MCL 750.520n.

We do not retain jurisdiction.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 3, 2017 d0925 Clerk