PEOPLE v. HERNANDEZ

Docket No. 137563. COA No. 287028.

762 N.W.2d 921 (2009)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Brian Scott HERNANDEZ, Defendant-Appellant.

Supreme Court of Michigan.

April 1, 2009.


Order

On order of the Court, the application for leave to appeal the September 19, 2008 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the sentence of the Saginaw Circuit Court, and we REMAND this case to the trial court for resentencing. Under MCL 769.1(3), the trial court must conduct a hearing at a juvenile's sentencing to determine whether to impose a sentence that commits the juvenile...

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