PEOPLE v. MILES

Docket No. 100683, Calendar No. 12.

559 N.W.2d 299 (1997)

454 Mich. 90

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Dwayne Eugene MILES, Defendant-Appellant.

Supreme Court of Michigan.

Decided March 6, 1997.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief, Research, Training and Appeals, and Don W. Atkins, Assistant Prosecuting Attorney, Detroit, for People.

State Appellate Defender by Peter Jon Van Hoek, Detroit, for Defendant-Appellant.

Before the Entire Court.


Opinion

WEAVER, Justice.

Defendant was convicted of armed robbery and possession of a firearm during the commission of a felony. Because the presentence report failed to show that defendant had a prior felony-firearm conviction, the felony-firearm sentence imposed was a two-year consecutive sentence. When the trial court learned of the inaccuracy in the presentence report the court, sua sponte and without affording defendant a resentencing hearing, enhanced...

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