Opinion
367510
10-20-2023
People of Michigan v. Marlon David Diggs
LC No. 23-000103-FC
Michelle M. Rick Presiding Judge Michael F. Gadola Allie Greenleaf Maldonado Judges
ORDER
Michelle M. Rick Presiding Judge
The Court orders that in lieu of granting the application for leave to appeal this case is REMANDED to the trial court for further proceedings consistent with this order. MCR 7.205(E)(2). The trial court erred by only generally indicating that it was rejecting defendant's challenges to information in the presentence report without actually addressing the specific challenges. Rather, the trial court was required to allow the parties to be heard as to the specific challenges made by defendant and then either make a finding with respect to each challenge or determine that a finding was unnecessary as to that challenge because the challenged information would not be taken into account in sentencing. MCR 6.425(D)(2); People v Waclawski, 286 Mich.App. 634, 689; 780 N.W.2d 321 (2009). In this regard, to accept challenged information in the presentence report, the trial court must find by a preponderance of the evidence that it is accurate. Id. On remand, the trial court shall either properly resolve the specific challenges to the challenged information in the presentence report or determine that it did not consider the challenged information in sentencing. If the trial court determines that any challenged information in the presentence report was inaccurate and was relied on in sentencing defendant the trial court shall resentence defendant. People v Thompson, 189 Mich.App. 85, 88; 472 N.W.2d 11 (1991).
We do not retain jurisdiction.