People of Michigan v. Roy Stephen Hamilton

Michigan Supreme Court

People of Michigan v. Roy Stephen Hamilton

DecidedJanuary 27, 2005

Docket129358

StatusPublished

This text of People of Michigan v. Roy Stephen Hamilton (People of Michigan v. Roy Stephen Hamilton) 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.

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People of Michigan v. Roy Stephen Hamilton, (Mich. 2005).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

January 27, 2006 Clifford W. Taylor, Chief Justice

129358 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 129358 COA: 261738 St. Clair CC: 03-001365-FH ROY STEPHEN HAMILTON, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the July 5, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. On the Court’s own motion, we REMAND this case to the St. Clair Circuit Court for correction of the judgment of sentence. Defendant was sentenced to a prison term of five years to forty years for his conviction for felonious assault, MCL 750.82, as a fourth habitual offender, MCL 769.12. The maximum possible term of imprisonment for a fourth habitual offender convicted of felonious assault is fifteen years. MCL 769.12(1)(b). On remand, the trial court shall correct the judgment of sentence so that the maximum term of imprisonment for defendant’s felonious assault conviction is fifteen years.

I, Corbin R. Davis, 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. January 27, 2006 _________________________________________ p0124 Clerk

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Order Michigan Supreme Court Lansing, Michigan

January 27, 2006 Clifford W. Taylor, Chief Justice

129358 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr. Plaintiff-Appellee, Stephen J. Markman, Justices

v SC: 129358 COA: 261738 St. Clair CC: 03-001365-FH ROY STEPHEN HAMILTON, Defendant-Appellant. _________________________________________/

On order of the Court, the application for leave to appeal the July 5, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. On the Court’s own motion, we REMAND this case to the St. Clair Circuit Court for correction of the judgment of sentence. Defendant was sentenced to a prison term of five years to forty years for his conviction for felonious assault, MCL 750.82, as a fourth habitual offender, MCL 769.12. The maximum possible term of imprisonment for a fourth habitual offender convicted of felonious assault is fifteen years. MCL 769.12(1)(b). On remand, the trial court shall correct the judgment of sentence so that the maximum term of imprisonment for defendant’s felonious assault conviction is fifteen years.

I, Corbin R. Davis, 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. January 27, 2006 _________________________________________ p0124 Clerk

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People of Michigan v. Roy Stephen Hamilton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-roy-stephen-hamilton-mich-2005.