Delayed Sentencing, Loss of Jurisdiction

People v Smith, 496 Mich 133; 852 NW2d 127 (2014)(june’14). Under a statutory construction analysis the court assessed whether MCL 771.1(2), which allows a trial court to delay sentencing “for not more than 1 year” to provide defendant an opportunity to prove his or her eligibility for probation or other leniency, divests the trial court of jurisdiction to sentence after the one year period expires. The supreme court, overruling a string of court of appeals decisions, unanimously held that it does not, and further held that the actions of the trial court in dismissing the case against defendant over objection of the prosecutor violated the constitutional principle of separation of powers.