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PEOPLE v. MOORE

Docket No. 122367.

664 N.W.2d 700 (2003)

468 Mich. 573

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Louis MOORE, Defendant-Appellee.

Supreme Court of Michigan.

June 24, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Larry Roberts, Assistant Prosecuting Attorney, Detroit, MI, for the people.

James C. Howarth, Detroit, MI, for the defendant-appellee.

PER CURIAM.

The Court of Appeals held that the circuit court had authority to resentence defendant because the sentencing judge's expectations regarding eligibility for parole had proved to be incorrect. We hold that the circuit judge properly concluded that he lacked jurisdiction to resentence, and reverse the judgment of the Court of Appeals.

I

Following a bench trial, defendant was found guilty of second-degree murder1

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