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IN RE DANA JENKINS

Docket No. 82356, (Calendar No. 3).

438 Mich. 364 (1991)

475 N.W.2d 279

In re DANA JENKINS WAYNE COUNTY PROSECUTOR v. RECORDER'S COURT JUDGE

Supreme Court of Michigan.

Decided September 6, 1991.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Gay Secor Hardy, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Research, Training and Appeals, and Don W. Atkins, Principal Attorney, Appeals, for the plaintiff.

Gerald M. Lorence for the defendant.

Amicus Curiae:

Anne Yantus, Assistant Defender, for the State Appellate Defender Office.

BOYLE, J.

We granted leave to appeal in this case to determine whether the trial court had the authority to resentence the defendant. We conclude that the trial court did not have such authority, because the defendant's original sentence was valid. We decline the invitation to overrule People v Whalen, 412 Mich. 166; 312 N.W.2d 638 (1981), and affirm the decision of the Court of Appeals...

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