People of State v. Floyd

• Decision Date: 02 November 2011
• Docket Number: 142618.COA Nos. 286550,Docket Nos. 142617,293650.
• Citation: 804 N.W.2d 564,490 Mich. 901
• Parties: PEOPLE of the State of Michigan, Plaintiff–Appellee,v.Charlie Lee FLOYD, Defendant–Appellant.
• Court: Michigan Supreme Court

490 Mich. 901

804 N.W.2d 564

PEOPLE of the State of Michigan, Plaintiff–Appellee,

v.Charlie Lee FLOYD, Defendant–Appellant.

Docket Nos. 142617

142618.COA Nos. 286550

293650.

Supreme Court of Michigan.

Nov. 2, 2011.

Prior report: Mich.App., 2010 WL 5373822.

Order

On order of the Court, the application for leave to appeal the December 28, 2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting appeal, we VACATE that part of our order in this case dated June 27, 2008, 481 Mich. 938–939, 751 N.W.2d 34, which found a violation of People v. Tanner, 387 Mich. 683, 199 N.W.2d 202 (1972). The decision in Tanner, supra, does not apply to sentences where the statutory maximum is “life or any term of years.” See People v. Powe, 469 Mich. 1032, 679 N.W.2d 67 (2004); People v. Drohan, 475 Mich. 140, 162 n. 14, 715 N.W.2d 778 (2006); People v. Harper, 479 Mich. 599, 617 n. 31, 739 N.W.2d 523 (2007), and People v. Washington, 489 Mich. 871, 795 N.W.2d 816 (2011). We therefore VACATE that part of the judgment of the Court of Appeals that remanded for resentencing based on a violation of Tanner. In all other respects, leave to appeal is DENIED because we are not persuaded that the remaining questions presented should be reviewed by this Court.

MICHAEL F. CAVANAGH, J., would grant leave to appeal.