People v. Yennior, 59084
| Decision Date | 29 April 1977 |
| Docket Number | No. 59084,59084 |
| Citation | 282 N.W.2d 920,399 Mich. 892 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Larry YENNIOR, Defendant-Appellant. 399 Mich. 892, 282 N.W.2d 920 |
| Court | Michigan Supreme Court |
ORDER
On order of the Court, the application by defendant-appellant for leave to appeal is considered and, pursuant to GCR 1963, 853.2(4) the decision of the Court of Appeals is hereby REVERSED. This case is hereby REMANDED to the Circuit Court for the County of Lapeer for resentencing by another judge instead of the judge who originally sentenced defendant. A court cannot base its sentence even in part on a defendant's refusal to admit guilt. See People v. Yennior, 72 Mich.App. 35, 45, 248 N.W.2d 680 (1976).
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29 cases
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People v. Adams
...release, disciplining credit, or effect of Prison Overcrowding Emergency Powers Act may not be considered); People v. Yennior, 399 Mich. 892, 282 N.W.2d 920 (1977) (sentence may not be based on refusal to admit guilt); People v. Moore, 391 Mich. 426, 440, 216 N.W.2d 770 (1974) (sentencing j......
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People v. Wesley
...while a sentencing court cannot, in whole or in part, base its sentence on a defendant's refusal to admit guilt, People v. Yennior, 399 Mich. 892, 282 N.W.2d 920 (1977), evidence of a lack of remorse can be considered in determining an individual's potential for rehabilitation. Here, the tr......
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People v. Dobek
...We disagree. A sentencing court cannot base a sentence even in part on a defendant's refusal to admit guilt. People v. Yennior, 399 Mich. 892, 282 N.W.2d 920 (1977). However, evidence of a lack of remorse can be considered in determining an individual's potential for rehabilitation. People ......
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People v. Carigon
...in part on the defendant's refusal to admit guilt. People v. Earegood, 383 Mich. 82, 84-85, 173 N.W.2d 205 (1970); People v. Yennior, 399 Mich. 892, 282 N.W.2d 920 (1977), reversing, 72 Mich.App. 35, 248 N.W.2d 680 (1976); People v. Grable, 57 Mich.App. 184, 188-189, 225 N.W.2d 724 (1974); ......
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