Summary
In Rosenberg, a case where the defendant challenged a $25,000 fine as part of his sentence, the Michigan Supreme Court stated that once the Court of Appeals remanded to the trial court for resentencing, "the case was before the trial court in a presentence posture, allowing for objection to any part of the new sentence."
Summary of this case from People v. FarrisOpinion
No. 132676.
April 6, 2007.
Appeal from the Court of Appeals No. 262673.
Summary Dispositions April 6, 2007.
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 (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 (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 (2003). We do not retain jurisdiction.