People v. Lester, Docket No. 69230
| Decision Date | 21 March 1983 |
| Docket Number | Docket No. 69230 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Andrew Lee LESTER, Defendant-Appellant. |
| Court | Michigan Supreme Court |
On order of the Court, the defendant having filed a request for review of his conviction, this Court having issued an order to show cause why the defendant's sentences should not be vacated and the defendant resentenced in conformity with the principle set forth in People v. Urynowicz, 412 Mich. 137, 312 N.W.2d 625 (1981), and the prosecutor's pleadings having been considered by the Court,
Now, therefore, it is ordered that the request for review be treated as an application for leave to appeal and, pursuant to GCR 1963, 853.2(4), in lieu of granting leave to appeal, we VACATE the defendant's sentences and we REMAND the matter to Genesee Circuit Court for resentencing. The defendant's sentence may not be enhanced pursuant to M.C.L. Sec. 333.7413; M.S.A. Sec. 14.15(7413) because he was not charged with being a subsequent offender. M.C.L. Sec. 769.10, 769.13; M.S.A. Sec. 28.1082, 28.1085; People v. Urynowicz, 412 Mich. 137, 312 N.W.2d 625 (1981); People v. Stout, 116 Mich.App. 726, 734-735, 323 N.W.2d 532 (1982).
We do not retain jurisdiction.
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