Opinion
No. 63439.
December 7, 1979.
Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Rita Chastang, Assistant Prosecuting Attorney, for the people.
Richard R. Nelson for defendant-appellant.
Leave to appeal considered December 7, 1979, and, pursuant to GCR 1963, 853.2(4), the case is remanded to Detroit Recorder's Court with the direction that defendant be resentenced before the judge who presided at his trial, provided that judge is reasonably available. If it should be determined that the judge presiding at defendant's trial is no longer reasonably available, defendant's sentence dated September 28, 1977 shall stand. In all other respects the application is denied. This Court retains no further jurisdiction.