Opinion
357807
11-24-2021
People of Michigan v. Dequnne Lynn Herron
LC No. 2011-237951-FC
Kathleen Jansen Presiding Judge Deborah A. Servitto Elizabeth L. Gleicher
ORDER
The motion to waive fees is GRANTED for this case only.
In lieu of granting leave to appeal, pursuant to MCR 7.205(E)(2), the circuit court's March 5, 2021 and March 8, 2021 orders are REVERSED, the September 9, 2013 judgment of sentence VACATED, and the matter REMANDED to the circuit court to reinstate the April 16, 2012 judgment of sentence. The circuit court's resentencing of defendant fell far outside the 6-month period set by MCR 6.429(A) so the court lacked the power to amend the sentence to require lifetime tether and electronic monitoring. People v Comer, 500 Mich. 278, 300-301; 901 N.W.2d 553 (2017). On remand the circuit court shall determine the proper amount of credit defendant should receive for time served in jail before sentencing and award any additional credit due defendant. MCL 769.11b.
We do not retain jurisdiction.