People v. Phaneuf
This text of 731 N.W.2d 405 (People v. Phaneuf) 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.
Opinion
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Kathy O'Neill PHANEUF, Defendant-Appellant.
Supreme Court of Michigan.
On order of the Court, the application for leave to appeal the December 5, 2006 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Genesee Circuit Court, and we REMAND this case to the trial court for resentencing. The initial sentence of 18 years to life was invalid, MCL 769.9(2), and the trial court erroneously resentenced defendant when she was not present. People v. Mallory, 421 Mich. 229, 247, 365 N.W.2d 673 (1984). See also MCL 768.3; MCR 6.425(E).
We do not retain jurisdiction.
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Cite This Page — Counsel Stack
731 N.W.2d 405, 478 Mich. 862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phaneuf-mich-2007.