People v. Valentin

559 N.W.2d 396, 220 Mich. App. 401
CourtMichigan Court of Appeals
DecidedFebruary 25, 1997
DocketDocket 170428
StatusPublished
Cited by7 cases

This text of 559 N.W.2d 396 (People v. Valentin) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Valentin, 559 N.W.2d 396, 220 Mich. App. 401 (Mich. Ct. App. 1997).

Opinions

Reilly, J.

Defendant appeals as of right from the decision to revoke his juvenile probation and sentence him to a term of life imprisonment without the possibility of parole for possession with intent to deliver 650 grams or more of cocaine, MCL 333.7401(2)(a)(i); MSA 14.15(7401)(2)(a)(i). We affirm the order revoking probation, but remand for resentencing.

[404]*404Defendant was charged with possession with intent to deliver 650 grams or more of cocaine and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2), stemming from an incident that occurred on January 9, 1989, in Detroit.1 Defendant was sixteen years old at the time of the offense. Therefore, pursuant to MCL 764. If; MSA 28.860(6) and MCL 725.10a(1)(c); MSA 27.3950(1)(1)(c), the case was automatically waived to Detroit Recorder’s Court. Defendant pleaded guilty of the possession with intent to deliver charge. The prosecutor and defense counsel recommended that Judge Dalton Roberson sentence defendant as a juvenile. The prosecutor told the court that defendant also had two cases for sentencing by another judge. On January 11, 1990, the court placed defendant on probation and committed him to state wardship until age twenty-one. On the same day, in the other cases, defendant was sentenced to terms of one to twenty years of imprisonment.

On September 11, 1991, while defendant was still serving his sentences for the other offenses, defendant appeared before Judge Roberson for a “deescalation hearing.” Judge Roberson was informed that defendant would soon be eligible for parole from the adult penal system. At the recommendation of the Department of Social Services, the trial court amended its order of juvenile probation so that defendant would be released into the custody of his parents in the event he was granted parole on the ' [405]*405other sentences. On November 22, 1991, defendant was paroled.

Four months later, defendant was arrested for carrying a concealed weapon. Although he initially pleaded guilty of the offense, defendant withdrew his plea and was ultimately convicted of carrying a' concealed weapon in a motor vehicle, MGL 750.227(2); MSA 28.424(2). Pursuant to MCL 771.7; MSA 28.1137, Judge Roberson revoked defendant’s juvenile probation for the possession with intent to deliver conviction and sentenced him to life imprisonment withoüt parole. ■

Defendant contends that the trial court was required under MCR 6.931(F)(2) to inform him of thé conditions of his probation at the time he was originally sentenced, that the trial court failed to do so, and that he was denied due process as a result of that failure. MCR 6.931(F)(2) provides:

The court shall advise the juvenile at sentencing that if the juvenile, while on juvenile probation, is convicted of a felony or a misdemeanor punishable by more than one year’s imprisonment, the court must revoke juvenile probation and sentence the juvenile to a term of years in prison not to exceed the penalty that might have been imposed for the offense for which the juvenile was originally convicted.

A defendant who is not advised of the ramifications of a subsequent conviction is not afforded due process and cannot thereafter have his juvenile probation revoked for the failure to comply with this condition of probation. People v Stanley, 207 Mich App. 300, 307; 523 NW2d 892 (1994).

We conclude that the warning given by the court and the notice of the conditions of probation provided by the order of probation afforded defendant [406]*406due process. In the present case, the trial court told the defendant, “Young man if you should violate then I will have to bring you back and sentence you to a mandatory life imprisonment.” Addressing defense counsel, the court said, “I advised him that if he violated the probation that he would be brought back as an adult. Do you understand that Mr. Howard?” The order of probation entered by the court, which was signed by defendant on the date of sentencing, stated three conditions of defendant’s probation, including that he not “violate any criminal law of any unit of government.” Unlike the defendant in Stanley, defendant in this case was informed of the conditions of probation when he was sentenced and was on notice that violation of those conditions would result in incarceration.

Defendant also contends that the court erroneously denied his motion to dismiss in which defendant argued that the Recorder’s Court was required under MCR 6.937 to conduct a commitment review hearing within forty-two days before his nineteenth birthday, the court failed to conduct such a hearing, and as a result lost jurisdiction over him. MCR 6.937 provides:

(A) Required Hearing. When a juvenile has been placed on probation and committed to state wardship, the court must schedule a commitment review hearing to be held within 42 days before the juvenile attains age 19 unless adjourned for good cause.
(3) Findings; Criteria. Before the court continues the jurisdiction over the juvenile until age 21, the prosecutor must demonstrate by a preponderance of the evidence that the juvenile has not been rehabilitated or that the juvenile presents a serious risk to public safety.

[407]*407Similarly, MCL 769.1b(1); MSA 28.1073(1)(1) provides:

If a juvenile is placed on probation and committed under section 1(3) or (4)[2] of this chapter to a state institution or agency . . . the court shall conduct a review hearing to determine whether the juvenile has been rehabilitated and whether the juvenile presents a serious risk to public safety. If the court determines that the juvenile has not been rehabilitated or that the juvenile presents a serious risk to public safety, jurisdiction over the juvenile shall be continued

According to defendant’s argument, the statute and the court rule indicate that jurisdiction expires when a defendant is nineteen unless a commitment review hearing is held and the court decides to continue jurisdiction until a defendant turns twenty-one. The prosecutor concedes that a commitment review hearing was not held, but argues that the failure to hold the hearing did not deprive the court of jurisdiction.

Although the failure to hold a commitment review hearing violated the statute and the court rule, we conclude that the trial court had jurisdiction to revoke defendant’s probation.

Michigan courts have traditionally held that the sentencing court retains jurisdiction to revoke a defendant’s probation if probation revocation proceedings are commenced within the probation period and are pending when it expires. [People v Ritter, 186 Mich App 701, 706; 464 NW2d 919 (1991).]

In this case, the trial court ordered that defendant’s probation be continued until defendant was twenty-one, and revocation proceedings began before the [408]*408probation period expired. Neither the court rule nor the statute provides .a sanction for violation, and we decline to add any such sanction that the Legislature and the Supreme. Court declined to provide. In re Kirkwood, 187 Mich App 542, 546; 468 NW2d 280 (1991).

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Bluebook (online)
559 N.W.2d 396, 220 Mich. App. 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valentin-michctapp-1997.