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People v. Benjamin Daniel Sherman II

Supreme Court of Michigan
Jun 28, 2011
489 Mich. 970 (Mich. 2011)

Opinion

No. 142722.

June 28, 2011.

Court of Appeals No. 301476.


Summary Disposition June 28, 2011.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Lapeer Circuit Court for amendment of the presentence investigation report. The defendant challenged certain statements in the presentence investigation report at sentencing and in a motion to correct his sentence. The sentencing judge stated on the record that he did not take the challenged information into account in sentencing, but he did not direct the probation officer to correct or delete the information from the presentence investigation report as required by MCR 6.425(E)(2)(a). The circuit court is further ordered to ensure that the amended presentence investigation report is transmitted to the Department of Corrections. In all other respects, leave to appeal is denied.

ZAHRA, J., did not participate because he was on the Court of Appeals panel.


Summaries of

People v. Benjamin Daniel Sherman II

Supreme Court of Michigan
Jun 28, 2011
489 Mich. 970 (Mich. 2011)
Case details for

People v. Benjamin Daniel Sherman II

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. BENJAMIN DANIEL…

Court:Supreme Court of Michigan

Date published: Jun 28, 2011

Citations

489 Mich. 970 (Mich. 2011)
798 N.W.2d 776

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