PEOPLE v. KENNIE

Docket No. 81942.

147 Mich. App. 222 (1985)

383 N.W.2d 169

PEOPLE v. KENNIE

Michigan Court of Appeals.

Decided November 18, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, George B. Mullison, Prosecuting Attorney, and Martha G. Mettee, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Gail Rodwan), for defendant on appeal.

Before: DANHOF, C.J., and M.J. KELLY and D.F. WALSH, JJ.


M.J. KELLY, J.

The issue presented in this case is whether a remand for resentencing is required where the sentencing information report (SIR) prepared by the probation department contains a recommended minimum sentence range erroneously calculated under the sentencing guidelines. We hold that a remand is required only where the defendant has preserved this issue for appellate review by specifically objecting to the error at sentencing or by filing a motion to vacate...

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