People of Michigan v. Tuvoil Deshawn Bell

• Court: Michigan Supreme Court
• Decided: November 21, 2018
• Docket: 156964
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

November 21, 2018 Stephen J. Markman, Chief Justice

Brian K. Zahra Bridget M. McCormack 156964 David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 156964 COA: 338625 Oakland CC: 2014-250304-FH TUVOIL DESHAWN BELL, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the November 8, 2017 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the July 30, 2014 amended judgment of sentence, and we REMAND this case to the Oakland Circuit Court to reinstate the June 16, 2014 judgment of sentence. Because the June 16, 2014 judgment of sentence was valid under People v Williams, 294 Mich App 461 (2011), the Oakland Circuit Court lacked the authority to correct the sentence. MCR 6.429(A) (“[T]he court may not modify a valid sentence after it has been imposed except as provided by law.”)

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. November 21, 2018 s1114 Clerk