People v. Rosenberg, Docket No. 132676.
| Decision Date | 06 April 2007 |
| Docket Number | COA No. 262673.,Docket No. 132676. |
| Citation | 477 Mich. 1076,729 N.W.2d 222 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Timmy Allen ROSENBERG, Defendant-Appellant. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the November 21, 2006 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals. The Court of Appeals erred in ruling that the defendant waived his objection to the imposition of a $25,000 fine. Once the Court of Appeals vacated the defendant's original sentence and remanded for resentencing, the case was before the trial court in a presentence posture, allowing for objection to any part of the new sentence. People v. Ezell, 446 Mich. 869, 522 N.W.2d 632 (1994). We REMAND this case to the Court of Appeals for consideration of the defendant's fine in light of People v. Antolovich, 207 Mich.App. 714, 525 N.W.2d 513 (1994). In addition, we direct the Court of Appeals to address the propriety of the sentencing court's remarks regarding the defendant's prior acquittals. If the Court of Appeals determines such remarks to have been inappropriate, it should determine whether resentencing is required. People v. Babcock, 469 Mich. 247, 666 N.W.2d 231 (2003).
We do not retain jurisdiction.
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People v. Lampe, 342325
...in a presentence posture, allowing the trial court to consider every aspect of defendant's sentences de novo. See People v. Rosenberg , 477 Mich. 1076, 729 N.W.2d 222 (2007) ; People v. Williams (After Second Remand) , 208 Mich. App. 60, 65, 526 N.W.2d 614 (1994). The trial court could not ......
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People v. Davis, Docket No. 309525.
...As relevant to this case, once an original sentence is vacated, the case is placed in a presentence posture. People v. Rosenberg, 477 Mich. 1076, 729 N.W.2d 222 (2007); People v. Ezell, 446 Mich. 869, 522 N.W.2d 632 (1994). As a result, at resentencing, “every aspect of the sentence is befo......
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Flemister v. Traveling Medical Services
... ... Bhamini Sudhir, and Sinai-Grace Hospital, Defendants ... Docket No. 130869 ... COA No. 266223 ... Supreme Court of Michigan ... April ... Fieger, 477 Mich. 1228, ___ N.W.2d ___ (2006); People v. Parsons, ___ Mich. ___, 728 N.W.2d 62 (2007); Ruiz v. Clara's Parlor, ... ...
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People v. Dewulf, No. 286047 (Mich. App. 12/15/2009), No. 286047.
...defendant's original sentence and remands for resentencing, the defendant's case is placed in a presentence posture. People v Rosenberg, 477 Mich 1076; 729 NW2d 222 (2007); People v Ezell, 446 Mich 869; 522 NW2d 632 (1994). Consequently, at resentencing, "every aspect of the sentence is bef......