People v. Casanas

327 N.W.2d 534, 120 Mich. App. 614

Opinions

Per Curiam.

Defendant pled guilty to larceny over $100, MCL 750.356; MSA 28.588. She was sentenced to serve 1-1/2 to 5 years in prison.

At the time of sentencing, she denied three convictions listed on the presentence report. It is also claimed that she was not represented by counsel for some other convictions.

The trial judge did not reply to such assertions.

When a defendant asserts such errors, the trial judge has three alternatives. First, he can hold an evidentiary hearing to determine whether or not the presentence report is inaccurate. Second, he can accept the defendant’s unsworn statement. that the information is false. Third, he can ignore the alleged misinformation in determining the sentence. People v Perez, 103 Mich App 636; 303 NW2d 49 (1981).

This case is reversed and remanded for resentencing before a different judge.