PEOPLE v. SMITH

Docket No. 147187. Calendar No. 2.

852 N.W.2d 127 (2014)

496 Mich. 133

PEOPLE v. SMITH.

Supreme Court of Michigan.

Decided June 18, 2014.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Kym L. Worthy , Prosecuting Attorney, Timothy A. Baughman , Chief of Research, Training and Appeals, and Ana I. Quiroz , Assistant Prosecuting Attorney, for the people.

Daniel J. Rust , Redford, for defendant.


YOUNG, C.J.

The issue to be determined in this case is whether MCL 771.1(2) divests a sentencing judge of jurisdiction if a defendant is not sentenced within one year after the imposition of a delayed sentence. We hold that it does not.

The unambiguous language of the statute provides that the court may delay sentencing "for not more than 1 year to give the defendant an opportunity to prove to the court his or her eligibility for probation or other leniency...

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