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PEOPLE v. SMITH

Docket No. 87874, (Calendar No. 2).

437 Mich. 293 (1991)

470 N.W.2d 70

PEOPLE v. SMITH

Supreme Court of Michigan.

Decided May 28, 1991.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, Richard Thompson, Prosecuting Attorney, Michael J. Modelski, Chief, Appellate Division, and Janice A. Kabodian, Assistant Prosecuting Attorney, for the people.

Jennifer A. Pilette, Assistant Defender, and Irving Rosenbaum, Research Attorney, for the defendant.

LEVIN, J.

The question presented is whether the inclusion in the presentence investigation report of the expunged juvenile record of defendant Ricky Franklin Smith requires, under MCR 5.913, now MCR 5.925(E), that he be resentenced.1

The Court of Appeals ruled that resentencing was required.2 We reverse.

I

Smith was convicted on his plea of...

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