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January 02, 2021

eBook details

Title: People State Michigan v. Alvin B. Hayes
Author : Supreme Court of Michigan
Release Date : January 11, 1996
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

On order of the Court, the delayed application for leave to appeal is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. At sentencing, the defendant was clearly informed that the trial court was going to exceed the originally agreed on sentence. In direct response to the inquiry of the court as to whether the defendant nonetheless wished to proceed, defendant's attorney responded in the affirmative. Accordingly, no resentencing is warranted. Since, in light of its resolution of the sentencing issue, the Court of Appeals did not reach defendant's claim of ineffective assistance of counsel, we REMAND the case to the Court of Appeals to resolve that issue. We do not retain jurisdiction.

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