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WAYNE COUNTY PROSECUTOR v. RECORDER'S COURT JUDGE

Docket No. 84692.

156 Mich. App. 270 (1986)

401 N.W.2d 346

WAYNE COUNTY PROSECUTOR v. RECORDER'S COURT JUDGE

Michigan Court of Appeals.

Decided November 17, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Deputy Chief, Civil and Appeals, and Don W. Atkins, Assistant Prosecuting Attorney, for plaintiff.

Gerald K. Evelyn, for Jerry D. Prysock.

Before: T.M. BURNS, P.J., and WAHLS and T.R. THOMAS, JJ.

PER CURIAM.

The issue in this case is whether a prosecutor is entitled to appellate review of a sentencing court's decision regarding the length and nature of a criminal defendant's sentence. We hold generally that a prosecutor does not have the authority to challenge a sentencing court's exercise of discretion in sentencing.

In this case, Jerry D. Prysock pled nolo contendere to a charge of manslaughter, MCL 750.321; MSA 28.553. The Recorder's Court judge...

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