People of Michigan v. Kristopher Allen Wade

Michigan Supreme Court

People of Michigan v. Kristopher Allen Wade

DecidedFebruary 1, 2017

Docket154047

StatusPublished

This text of People of Michigan v. Kristopher Allen Wade (People of Michigan v. Kristopher Allen Wade) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of Michigan v. Kristopher Allen Wade, (Mich. 2017).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

February 1, 2017 Stephen J. Markman, Chief Justice

Robert P. Young, Jr. Brian K. Zahra 154047 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 154047 COA: 324677 Branch CC: 13-121067-FH KRISTOPHER ALLEN WADE, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 17, 2016 and May 9, 2016 judgments of the Court of Appeals are considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals, and we REMAND this case to the Branch Circuit Court for reconsideration of the defendant’s motion to correct the presentence report. The motion was timely filed; therefore the procedures of MCR 6.425(E)(2) apply. Moreover, the defendant is not precluded from challenging information in the presentence report that had appeared in an earlier presentence report for a different offense but went unchallenged at that time.

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. February 1, 2017 a0125 Clerk

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Order Michigan Supreme Court Lansing, Michigan

February 1, 2017 Stephen J. Markman, Chief Justice

Robert P. Young, Jr. Brian K. Zahra 154047 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 154047 COA: 324677 Branch CC: 13-121067-FH KRISTOPHER ALLEN WADE, Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 17, 2016 and May 9, 2016 judgments of the Court of Appeals are considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals, and we REMAND this case to the Branch Circuit Court for reconsideration of the defendant’s motion to correct the presentence report. The motion was timely filed; therefore the procedures of MCR 6.425(E)(2) apply. Moreover, the defendant is not precluded from challenging information in the presentence report that had appeared in an earlier presentence report for a different offense but went unchallenged at that time.

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. February 1, 2017 a0125 Clerk

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People of Michigan v. Kristopher Allen Wade, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-kristopher-allen-wade-mich-2017.